Legal Question in Family Law in Missouri

Interstate custody modification

Divorce Decree Mo 1992. Modified by agreement as to increased visitation/cs in 1998, did not change sole. Motion to Modify as to custody filed MO 2003. Question - I have had sole legal/physical custody of my daughter for 13 yrs. Father has decided he wants her. My daughter and I only lived in MO the first 10 mos of her life and she has always been an IL resident/schools/docs, etc. Dad has EOW and Mon nights - exercises Mon night visitation in IL exclusively. Dad has participated in counseling individually, with daughter and all 3 together in IL. Any chance a motion to dismiss in MO is going to fly based on jurisdiction is more appropriate in IL? Thanks for any input.


Asked on 9/14/03, 10:49 pm

2 Answers from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Interstate custody modification

Sorry, but it is clear that the Court which entered the original Custody Order retains jurisdiction over the child and all child-related legal issues. It would appear that you will be stuck litigating again in the Missouri Court, unless your ex would agree to register the Missouri Judgment in Illinois and litigate the modification there. I have handled hundreds of Modifications in Missouri over the twenty-five years I have been practicing although I am also licensed in Illinois. If your case is located in the greater St. Louis metropolitan area, and you are not already represented, I would be able to offer my services. You may call me for a free telephone consultation at 314-727-2822. Thank you, and good luck!

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Answered on 9/14/03, 11:09 pm
David Hicks David M. Hicks & Associates

Re: Interstate custody modification

Madam,

Here is a link to the relevant Missouri law. http://www.moga.state.mo.us/statutes/C400-499/4520470.HTM

Basically, if you want to try to get this into Illinois you must make a motion in the Missouri Court that it is an inconvenient forum. The difficulty you run into is convincing the judge it is a substantial inconvenience. If he lives in St. Louis and you live in O'Fallon, it would be difficult to pursuade the judge it is much of an inconvenience, especially considering you previously modified the decree in Missouri, even though it appears that Illinois is where most of the contact occurs. It may be a different story if he is living across state or something like that.

I hope this helps. I am licensed in Illinois and would be happy to work with you concerning this.

Sincerely,

David Hicks

618-236-7081

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Answered on 9/14/03, 11:58 pm


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