452.810. Registration of child custody determination. - Missouri Statutes

Registration of child custody determination.

452.810. 1. A child custody determination issued by a court ofanother state may be registered in this state, with or without asimultaneous request for enforcement, by sending to the appropriate courtin this state:

(1) A letter or other document requesting registration;

(2) Two copies, including one certified copy, of the determinationsought to be registered, and a statement under penalty of perjury that tothe best of the knowledge and belief of the person seeking registration theorder has not been modified; and

(3) Except as otherwise provided in section 452.780, the name andaddress of the person seeking registration and any parent or person actingas a parent who has been awarded custody or visitation in the child custodydetermination sought to be registered.

2. On receipt of the documents required in subsection 1 of thissection, the registering court shall:

(1) Cause the determination to be filed as a foreign judgment,together with one copy of any accompanying documents and information,regardless of their form; and

(2) Serve notice upon the persons named under subdivision (3) ofsubsection 1 of this section and provide them with an opportunity tocontest the registration in accordance with this section.

3. The notice required by subdivision (2) of subsection 2 of thissection must state:

(1) That a registered determination is enforceable as of the date ofthe registration in the same manner as a determination issued by a court ofthis state;

(2) That a hearing to contest the validity of the registereddetermination must be requested within twenty days after service of notice;and

(3) That failure to contest the registration will result inconfirmation of the child custody determination and preclude furthercontest of that determination with respect to any matter that could havebeen asserted.

4. A person seeking to contest the validity of a registered ordermust request a hearing within twenty days after service of the notice. Atthat hearing, the court shall confirm the registered order unless theperson contesting registration establishes that:

(1) The issuing court did not have jurisdiction under sections452.740 to 452.845;

(2) The child custody determination sought to be registered has beenvacated, stayed, or modified by a court of a state having jurisdiction todo so under sections 452.740 to 452.845; or

(3) The person contesting registration was entitled to notice, butnotice was not given in accordance with the standards of section 452.740 inthe proceedings before the court that issued the order for whichregistration is sought.

5. If a timely request for a hearing to contest the validity of theregistration is not made, the registration is confirmed as a matter of lawand the person requesting registration and all persons served must benotified of the confirmation.

6. Confirmation of a registered order, whether by operation of law orafter notice and hearing, precludes further contest of the order withrespect to any matter which could have been asserted at the time ofregistration.

(L. 2009 H.B. 481)