Section 26.3 Jurisdiction

• Library: Family Law Deskbook and 2014 Supp

C. (§26.3) Jurisdiction

Missouri courts retain continuing jurisdiction over the parties and subject matter, and this is the foundation for their modification authority. Missouri courts normally have continuing power to modify even when one or both parties are no longer Missouri residents. Not only may one spouse require the other to come to Missouri to defend a modification action, the action must be brought before the original tribunal that granted the decree because the modification power is continuous and exclusive. Welch v. McIntosh, 290 S.W.2d 181 (Mo. App. E.D. 1956). In Matsel v. Akins, 624 S.W.2d 180 (Mo. App. W.D. 1981), the court held that a party could not file a postdissolution motion to modify in the county of her present residence when the divorce was granted in another county. In Robinson v. Robinson, 628 S.W.2d 689 (Mo. App. E.D. 1982), the court held that proper venue in a custody modification proceeding was in the county where the marriage was dissolved even though neither the former husband nor the former wife continued to reside in that county. But counsel may make a motion to transfer venue to another county or reach consent to transfer venue.

In the area of child custody...