452.705. Definitions. — As used in sections 452.700 to 452.930:
(1) "Abandoned" means left without provision for reasonable and necessary care or supervision;
(2) "Child" means an individual who has not attained eighteen years of age;
(3) "Child custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, or modification order. The term shall not include an order relating to child support or other monetary obligation of an individual;
(4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence in which the issue may appear. The term shall not include a proceeding involving juvenile delinquency, contractual emancipation, or enforcement under sections 452.850 to 452.915;
(5) "Commencement" means the filing of the first pleading in a proceeding;
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination;
(7) "Decree" or "custody decree" means a custody determination contained in a judicial decree or order made in a custody proceeding, and includes an initial decree and a modification decree;
(8) "Home state" means the state in which a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately prior to the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child has lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of such period;
(9) "Initial determination" means the first child custody determination concerning a particular child;
(10) "Issuing court" means the court making a child custody determination for which enforcement is sought under sections 452.700 to 452.930;
(11) "Issuing state" means the state in which a child custody determination is made;
(12) "Litigant" means a person, including a parent, grandparent, or stepparent, who claims a right to custody or visitation with respect to a child;
(13) "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination;
(14) "Person" includes government, a governmental subdivision, agency or instrumentality, or any other legal or commercial entity;
(15) "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately prior to the commencement of a child custody proceeding; and
(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state;
(16) "Physical custody" means the physical care and supervision of a child;
(17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
(18) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Notes of Decisions
In the Matter of the Adoption of: C.T.P. K.L. v. A.M. & R.M., Jr., 452 S.W.3d 705 (Mo. Ct. App. 2014).
· cites it 6× “Section 452.705(3). The UCCJEA defines a “child custody proceeding” wherein “child custody determinations” may be made in pertinent part as: [A] proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”
Al-Hawarey v. Al-Hawarey, 388 S.W.3d 237 (Mo. Ct. App. 2012).
· cites it 2× “Section 452.705(8); 750 Ill. Comp. Stat. 36/102(7) (2004).”
Grega v. Grega, 524 S.W.3d 150 (Mo. Ct. App. 2017).
· cites it 4× “Section 452.705(8). Mother admitted in her trial court pleadings that Missouri is the children’s home state because they have resided here for more than six consecutive months before Father’s petition was filed.”
Arnold v. Arnold, 532 S.W.3d 712 (Mo. Ct. App. 2017).
“§ 452.705(8)(emphasis added). See also K.”
In Re Halverson Ex Rel. Sumners, 362 S.W.3d 443 (Mo. Ct. App. 2012).
· cites it 2× “Section 452.705(4). Father points to no authority suggesting that a child's name is a part of his legal custody, *450 physical custody, or visitation.”
Patel v. Patel, 380 S.W.3d 625 (Mo. Ct. App. 2012).
· cites it 2× “§ 452.705(8), RSMo Cum.Supp.2011. At the hearing on Husband’s motion to set aside the default judgment, the parties stipulated that Wife, who had physical custody of the child since Husband and Wife separated, resided in the state of Missouri less than six months prior to…”
Charles L. Burgett v. Tasha R. Thomas, 509 S.W.3d 840 (Mo. Ct. App. 2017).
“] § 452.705(8). 5 . Father himself pointed to pleadings in an unrelated Kansas lawsuit in which a Kansas assistant district prosecutor had referenced an address for Mother in Missouri; however, that same pleading referenced that Child was then both residing with Mother and…”
DeWitt v. Lechuga, 393 S.W.3d 113 (Mo. Ct. App. 2013).
· cites it 2× ““Home *119 state” is defined in section 452.705(8) as “the state in which a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately prior to the commencement of a child custody proceeding.”
Steven Andrew Schaeffer, Petitioner-respondent v. Jasmine Renee Schaeffer, 471 S.W.3d 367 (Mo. Ct. App. 2015).
· cites it 2× ““Home state” is defined by section 452.705(8) as follows: “Home state” means the state in which a child has lived with a parent or a person acting as a parent for at least six consecutive months immediately prior to the commencement of a child custody proceeding.”
Jennifer L. Schutter v. Paul J. Seibold (Mo. Ct. App. 2021).
· cites it 4× “§ 452.705(3). Father’s motion to modify custody and his motion for temporary custody sought to modify the trial court’s March 2019 First Amended Judgment of Modification, which awarded Mother sole legal custody and the parties joint physical custody of Son, and provided a…”
Jennifer L. Schutter v. Paul J. Seibold (Mo. Ct. App. 2025).
· cites it 4× “(quoting § 452.705(3)). “Our ‘primary rule of statutory construction is to give effect to legislative intent as reflected in the plain language of the statute at issue.”
Mo. Rev. Stat. § 452.705(3): 3 cases
In the Matter of the Adoption of: C.T.P. K.L. v. A.M. & R.M., Jr., 452 S.W.3d 705 (Mo. Ct. App. 2014).
“Section 452.705(3). The UCCJEA defines a “child custody proceeding” wherein “child custody determinations” may be made in pertinent part as: [A] proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”
Jennifer L. Schutter v. Paul J. Seibold (Mo. Ct. App. 2025).
“(quoting § 452.705(3)). “Our ‘primary rule of statutory construction is to give effect to legislative intent as reflected in the plain language of the statute at issue.”
Jennifer L. Schutter v. Paul J. Seibold (Mo. Ct. App. 2021).
“§ 452.705(3). Father’s motion to modify custody and his motion for temporary custody sought to modify the trial court’s March 2019 First Amended Judgment of Modification, which awarded Mother sole legal custody and the parties joint physical custody of Son, and provided a…”
Mo. Rev. Stat. § 452.705(4): 4 cases
In Re Halverson Ex Rel. Sumners, 362 S.W.3d 443 (Mo. Ct. App. 2012).
“Section 452.705(4). Father points to no authority suggesting that a child's name is a part of his legal custody, *450 physical custody, or visitation.”
In the Matter of the Adoption of: C.T.P. K.L. v. A.M. & R.M., Jr., 452 S.W.3d 705 (Mo. Ct. App. 2014).
“Section 452.705(3). The UCCJEA defines a “child custody proceeding” wherein “child custody determinations” may be made in pertinent part as: [A] proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”
Jennifer L. Schutter v. Paul J. Seibold (Mo. Ct. App. 2021).
“§ 452.705(3). Father’s motion to modify custody and his motion for temporary custody sought to modify the trial court’s March 2019 First Amended Judgment of Modification, which awarded Mother sole legal custody and the parties joint physical custody of Son, and provided a…”
Mo. Rev. Stat. § 452.705(8): 7 cases
Al-Hawarey v. Al-Hawarey, 388 S.W.3d 237 (Mo. Ct. App. 2012).
“Section 452.705(8); 750 Ill. Comp. Stat. 36/102(7) (2004).”
Grega v. Grega, 524 S.W.3d 150 (Mo. Ct. App. 2017).
“Section 452.705(8). Mother admitted in her trial court pleadings that Missouri is the children’s home state because they have resided here for more than six consecutive months before Father’s petition was filed.”
Arnold v. Arnold, 532 S.W.3d 712 (Mo. Ct. App. 2017).
“§ 452.705(8)(emphasis added). See also K.”
Patel v. Patel, 380 S.W.3d 625 (Mo. Ct. App. 2012).
“§ 452.705(8), RSMo Cum.Supp.2011. At the hearing on Husband’s motion to set aside the default judgment, the parties stipulated that Wife, who had physical custody of the child since Husband and Wife separated, resided in the state of Missouri less than six months prior to…”
Charles L. Burgett v. Tasha R. Thomas, 509 S.W.3d 840 (Mo. Ct. App. 2017).
“] § 452.705(8). 5 . Father himself pointed to pleadings in an unrelated Kansas lawsuit in which a Kansas assistant district prosecutor had referenced an address for Mother in Missouri; however, that same pleading referenced that Child was then both residing with Mother and…”
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