452.740. Initial child custody jurisdiction. - Missouri Statutes

Initial child custody jurisdiction.

452.740. 1. Except as otherwise provided in section 452.755, a courtof this state has jurisdiction to make an initial child custodydetermination only if:

(1) This state is the home state of the child on the date of thecommencement of the proceeding, or was the home state of the child withinsix months prior to the commencement of the proceeding and the child isabsent from this state but a parent or person acting as a parent continuesto live in this state;

(2) A court of another state does not have jurisdiction undersubdivision (1) of this subsection, or a court of the home state of thechild has declined to exercise jurisdiction on the ground that this stateis the more appropriate forum under section 452.770 or 452.775, and:

(a) The child and the child's parents, or the child and at least oneparent or person acting as a parent have a significant connection with thisstate other than mere physical presence; and

(b) Substantial evidence is available in this state concerning thechild's care, protection, training and personal relationships;

(3) All courts having jurisdiction under subdivisions (1) and (2) ofthis subsection have declined to exercise jurisdiction on the ground that acourt of this state is the more appropriate forum to determine the custodyof the child under section 452.770 or 452.775; or

(4) No state would have jurisdiction under subdivision (1), (2) or(3) of this subsection.

2. Subsection 1 of this section is the exclusive jurisdictional basisfor making a child custody determination by a court of this state.

3. Physical presence of, or personal jurisdiction over, a party or achild is not necessary or sufficient to make a child custody determination.

(L. 2009 H.B. 481)