452.765. Simultaneous proceedings. - Missouri Statutes

Simultaneous proceedings.

452.765. 1. Except as otherwise provided in section 452.755, a courtof this state shall not exercise its jurisdiction under sections 452.740 to452.785 if, at the time of the commencement of the proceeding, a proceedingconcerning the custody of the child had been previously commenced in acourt of another state having jurisdiction substantially in conformity withsections 452.700 to 452.930, unless the proceeding has been terminated oris stayed by the court of the other state because a court of this state isa more convenient forum under section 452.770.

2. Except as otherwise provided in section 452.755, a court of thisstate, prior to hearing a child custody proceeding, shall examine the courtdocuments and other information supplied by the parties under section452.780. If the court determines that a child custody proceeding waspreviously commenced in a court in another state having jurisdictionsubstantially in accordance with sections 452.700 to 452.930, the court ofthis state shall stay its proceeding and communicate with the court of theother state. If the court of the state having jurisdiction substantiallyin accordance with sections 452.700 to 452.930 does not determine that thecourt of this state is a more appropriate forum, the court of this stateshall dismiss the proceeding.

3. In a proceeding to modify a child custody determination, a courtof this state shall determine if a proceeding to enforce the determinationhas been commenced in another state. If a proceeding to enforce a childcustody determination has been commenced in another state, the court may:

(1) Stay the proceeding for modification pending the entry of anorder of a court of the other state enforcing, staying, denying ordismissing the proceeding for enforcement;

(2) Enjoin the parties from continuing with the proceeding forenforcement; or

(3) Proceed with the modification under conditions it considersappropriate.

(L. 2009 H.B. 481)