Ketteman v. Ketteman
347 S.W.3d 647
Mo. Ct. App.2011Background
- Ketteman and Ketteman married in Texas (2004); their child was born there (2005).
- The couple separated (2007); Michael moved to Missouri with their son (June 2007).
- Michael filed for dissolution in Clay County, Missouri (September 6, 2007).
- Missouri Family Court Commissioner dissolved the marriage in 2008, granting Michael sole custody and ordering Rachel to pay child support and some debts; Rachel defaulted.
- Rachel challenged subject matter and personal jurisdiction; later defense included UCCJA custody issues and a Texas custody-related action.
- Clay County Circuit Court ultimately awarded joint legal and physical custody, set child support at $278/month, but the appellate court reversed the child support/debt portion due to lack of personal jurisdiction; custody determination under UCCJA was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Missouri lacked personal jurisdiction over Rachel for in personam orders | Rachel lacked minimum contacts under long-arm; never lived in Missouri as a lawful marriage. | Court had jurisdiction via status of marriage and forum considerations; objections preserved. | Missouri court lacked personal jurisdiction over Rachel for in personam orders. |
| Whether the circuit court properly exercised custody jurisdiction under the UCCJA | UCCJA required Texas to determine custody; Missouri should not decide. | Missouri had jurisdiction under UCCJA because Texas declined and Missouri was the appropriate forum. | Circuit Court had authority to determine custody under UCCJA. |
| Whether findings of fact were required to support jurisdiction under UCCJA | Explicit findings were necessary to establish authority under UCCJA. | Record shows authority; remand not necessary if record supports jurisdiction. | No remand required; record established UCCJA authority. |
Key Cases Cited
- Berry v. Berry, 155 S.W.3d 838 (Mo.App.2005) (personal jurisdiction and dissolution framework)
- Thompson v. Thompson, 657 S.W.2d 629 (Mo. banc 1983) (need for personal jurisdiction in in personam judgments)
- J.C.W. ex rel. Webb v. Wyciskalla, 275 S.W.3d 249 (Mo. banc 2009) (concepts of jurisdiction in UCCJA framework)
- Hightower v. Myers, 304 S.W.3d 727 (Mo. banc 2010) (UCCJA does not remove subject matter jurisdiction; informs forum choice)
- Schoenecke v. Schoenecke, 230 S.W.3d 62 (Mo. App.2007) (initial jurisdiction determination under UCCJA should be supported by record)
- Pirisky v. Meyer, 176 S.W.3d 145 (Mo. banc 2005) (UCCJA prerequisites for Missouri jurisdiction)
- In re the Marriage of Miller, 196 S.W.3d 683 (Mo. App.2006) (UCCJA jurisdiction principles)
- State ex rel. Dept. of Soc. Serv. v. Hudson, 158 S.W.3d 319 (Mo. App.2005) (UCCJA considerations in custody determinations)