Roy v. Nicks

1 Citing case

  1. In re Marriage of Miller and Sumpter

    196 S.W.3d 683 (Mo. Ct. App. 2006)   Cited 14 times
    Holding that under predecessor Uniform Child Custody and Jurisdiction Act, where children lived in Virginia for well over six months preceding initiation of custody proceeding, Virginia was their home state notwithstanding fact that mother, who was in the military, listed Missouri as her permanent residence and intended to retire there

    Bounds v. O'Brien, 134 S.W.3d 666, 670 (Mo.App. 2004). As we explained in Roy v. Nicks, 125 S.W.3d 399 (Mo.App. 2004), a trial court which is validly determining custody under the UCCJA also has the authority to adjudicate the issue of child support as an incident to the custody determination, provided the requirements of § 452.460 are met and the adjudication of support is in the child's best interest. Id. at 401-03; see also Elbert v. Elbert, 833 S.W.2d 884, 888 (Mo.App. 1992); Upchurch v. Upchurch, 767 S.W.2d 629, 630 (Mo.App. 1989); Nocito v. Nocito, 670 S.W.2d 181, 181-82 n. 1 (Mo.App. 1984); § 452.445(1).