When separated or divorced parents live in different states, child custody matters become significantly more complex. At Rogers Sevastianos & Bante, LLP, we regularly work with Missouri parents who are facing the challenges of interstate child custody—whether due to relocation, emergency situations, or the need to enforce an out-of-state custody order.
If you’re navigating custody across state lines, it’s crucial to understand the laws that govern these cases and to work with a skilled family law attorney in Missouri who can protect your rights and your child’s well-being.
How Missouri Handles Jurisdiction: The UCCJEA
In Missouri, as in nearly every other state, interstate custody cases are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This law ensures that custody decisions are made by the right court—and only one court at a time—to avoid conflicting rulings.
The UCCJEA helps determine:
- Which state has jurisdiction to make or modify a custody order
- How to resolve jurisdictional conflicts when multiple states are involved
- How to enforce custody orders issued by another state
In general, Missouri courts will have jurisdiction if it is the child’s “home state”—defined as the state where the child has lived with a parent for at least six consecutive months before the custody case begins.
Common Scenarios We See in Missouri
1. A Missouri Parent Wants to Relocate
Missouri law requires a parent who wants to move with a child out of state to provide written notice at least 60 days in advance, including details about the new location and a proposed revised custody plan. The other parent has the right to object, and if they do, the court will determine whether the move is in the child’s best interests.
Our child custody lawyers in St. Louis can help you navigate relocation requests, whether you’re seeking to move or opposing a proposed relocation.
2. Parents Live in Two Different States
If one parent remains in Missouri and the other moves to a new state, questions arise about which court has jurisdiction—especially when modifications to custody or parenting time are requested. Missouri courts will typically retain jurisdiction as long as the child or one parent maintains a significant connection to the state and substantial evidence about the child exists here.
3. Emergency Custody Orders
Missouri courts can issue temporary emergency custody orders when a child is in danger due to abuse, neglect, or abandonment—even if Missouri isn’t the home state. However, these orders are usually short-term and must be followed by coordination with the child’s home state for longer-term custody solutions.
Modifying Out-of-State Custody Orders in Missouri
To modify a custody order from another state, Missouri courts must first determine if they have jurisdiction under the UCCJEA. This typically involves showing that:
- The original state has declined jurisdiction, and
- Missouri is now the child’s home state, or has a stronger connection to the child’s care and well-being.
If you’re a Missouri parent seeking to modify an out-of-state order—or if you’re trying to prevent a wrongful modification request from another jurisdiction—our child custody attorneys can guide you through the proper legal channels.
Enforcing Custody Orders Across State Lines
If your child’s other parent violates a custody order by keeping the child out of state or refusing to comply with visitation terms, Missouri courts can enforce the out-of-state order under the UCCJEA.
In urgent cases involving parental kidnapping or unlawful withholding of the child, we can help file for enforcement and work with law enforcement and out-of-state courts to protect your rights and return your child safely.
Common Challenges in Missouri Interstate Custody Cases
- Delays due to multiple court systems
- Misunderstanding Missouri’s relocation laws
- Unfamiliarity with procedural rules in another state
- Emotional stress on the child and family members
At Rogers Sevastianos & Bante, LLP, we understand how stressful and overwhelming these cases can be. That’s why we offer compassionate guidance and aggressive advocacy to help you reach the best possible outcome for your family.
Why Work with Our Missouri Child Custody Attorneys?
We have deep experience with complex family law matters in Missouri, including:
- Divorce and legal separation
- Child custody and visitation
- Child support
- Modifications and enforcement
Whether you’re facing a relocation dispute, trying to enforce your rights as a parent, or simply seeking to protect your child across state lines, we can help you navigate every step of the process with confidence.
Contact us today to schedule a confidential consultation with one of our experienced Missouri child custody attorneys. We’re here to help you understand your options, assert your rights, and secure a custody arrangement that puts your child first.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.