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Modification of Another State’s Custody Order Depends on The Other State Releasing Jurisdiction

Recent Case from the Court of Appeals:  States have continuing, exclusive jurisdiction over their custody judgments until released by the rendering state.

The Uniform Child Custody Jurisdiction and Enforcement Act conditions authority of any State to modify another State’s custody order on whether the residences of parties or child remain in the other State, as states generally retain exclusive jurisdiction over their judgments unless the parties and the child reside elsewhere.  The state rendering the judgment must make that determination. Because there is no determination in this record by the California court either finding that it no longer has continuing, exclusive jurisdiction over its custody orders or declining to exercise that jurisdiction because Missouri is more convenient, the Missouri court did not have authority to modify those custody orders under the Uniform Child Custody Jurisdiction and Enforcement Act.

Missouri Court of Appeals, Eastern District - ED105083

Mark A. Wortman

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Kansas City family law attorney Mark A. Wortman handles only divorce and family law matters, and practices only in the State of Missouri. Due to this specialty, Mark has handled thousands of Missouri divorce and family cases and has practiced extensi… Read More