Kelly J. Blanchette v. Steven M. Blanchette
476 S.W.3d 273
Mo.2015Background
- Missouri en banc review of a circuit court judgment affirming registration of West Virginia custody judgments and dismissal of Kelly's Missouri modification petition.
- West Virginia dissolution proceedings began in Berkeley County in 2005; Kelly and Steven Blanchette accompanied by children moved to Missouri.
- Berkeley County court entered dissolution, awarded Kelly primary custody, and ordered Steven to pay child support.
- In 2008, West Virginia court modified custody in Steven's favor; in 2013, West Virginia and Missouri proceedings involved modifications to custody, visitation, and support.
- Missouri circuit court registered the WV judgments and dismissed Kelly's Missouri modification for lack of UCCJEA jurisdiction, leading to Kelly's appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri may modify a West Virginia custody order under UCCJEA | Kelly contends WV retains jurisdiction; Missouri lacks authority | Steven argues UCCJEA permits modification by Missouri if WV retains exclusive jurisdiction | No jurisdiction to modify under §452.750 because WV retains exclusive jurisdiction |
| Whether Daughter's custody was properly governed by WV court given home-state rule | Berkeley County lacked subject matter jurisdiction over Daughter | Home state analysis does not apply to Daughter; WV had jurisdiction | Berkeley County court had subject matter jurisdiction; WV judgments valid for Daughter |
| Whether due process notice for the WV second modification was adequate | Kelly lacked 30 days' notice per WV and MO rules | Eight days' notice argued as sufficient for motion hearings | Kelly received reasonable notice and opportunity to be heard; due process satisfied |
Key Cases Cited
- Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard for appellate review of circuit court judgments)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (UCCJEA jurisdictional interpretation governs authority to grant relief)
- In re K.R. and P.R., 735 S.E.2d 882 (W. Va. 2012) (West Virginia view of UCCJEA subject matter jurisdiction in custody)
- Brittany S. v. Amos F., 753 S.E.2d 745 (W. Va. 2012) (notice and modification procedures under West Virginia custody law)
- Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010) (UCCJEA jurisdiction is substantive in Missouri context)
- In re Expungement of Arrest Records Related to Brown v. State, 226 S.W.3d 147 (Mo. banc 2007) (due process and jurisdictional principles in collateral contexts)
- Al-Hawarey v. Al-Hawarey, 388 S.W.3d 237 (Mo. App. 2012) (application of UCCJEA to avoid jurisdictional conflicts in family cases)
- La Presto v. La Presto, 285 S.W.2d 568 (Mo. 1955) (collateral attack on final judgments when void)