Missouri § 211.093 - Orders or judgment of juvenile court to have precedence over certain other court orders or judgments — additional powers, limitations — establishment of paternity, time period.

§ 211.093. Orders or judgment of juvenile court to have precedence over certain other court orders or judgments — additional powers, limitations — establishment of paternity, time period.

1.  Any order or judgment entered by the court under authority of this chapter or chapter 210 shall, so long as the juvenile court exercises continuing jurisdiction, take precedence over any order or judgment concerning the status or custody of a child under twenty-one years of age entered by a court under authority of chapter 452, 453, 454 or 455, or orders of guardianship under chapter 475, but only to the extent inconsistent therewith.

2.  In addition to all other powers conveyed upon the court by this chapter and chapter 210, any court exercising jurisdiction over a child under subdivision (1) of subsection 1 of section 211.031 shall have authority to enter an order regarding custody of the child under chapter 452, enter a child support order, and establish rights of visitation for the parents of the child.  In every case in which the juvenile or family court exercises authority over a child under subdivision (1) or (2) of subsection 1 of section 211.031, the court shall have concurrent authority and jurisdiction with the circuit court to enter a final order and judgment establishing the paternity of the child's biological father under the uniform parentage act under sections 210.817 to 210.852.

3.  Any custody, support, or visitation order entered by the court under subsection 2 of this section shall remain in full force and effect after the termination of juvenile court proceedings unless the court's order specifically states otherwise.  Any custody, child support, or visitation order shall take precedence over and shall automatically stay any prior orders concerning custody, child support, guardianship, or visitation.  Such orders shall remain in full force and effect until a subsequent order with respect to custody, child support, guardianship, or visitation of the child is entered by a court under the authority of this chapter or chapter 210, 452, 453, 454, or 455, or orders of guardianship under chapter 475.  Any final judgment and order establishing paternity under this section shall be a final and binding judgment of the circuit court as in other civil judgments entered under the uniform parentage act under sections 210.817 to 210.852, and the court may enter the final paternity judgment and order under a different, nonjuvenile case number.

4.  If the juvenile court terminates jurisdiction without entering a continuing custody, support, or visitation order under subsections 2 and 3 of this section, legal and physical custody of the child shall be returned to the custodian, parent, or legal guardian who exercised custody prior to the juvenile court assuming jurisdiction under subdivision (1) of subsection 1 of section 211.031, and any custody or visitation orders in effect at the time the juvenile court assumed jurisdiction shall be restored.

5.  The juvenile court shall not have the authority to hear modification motions or other actions to rehear any orders entered under this section after the juvenile court terminates jurisdiction on the underlying case.  Any future actions shall be conducted under sections 210.817 to 210.852, this chapter, or chapter 452, 453, 454, 455, or 475, as appropriate.

6.  Any child support order entered under this section shall be established and enforced pursuant to the procedures set forth by chapter 454.  On entry of a child support order, the circuit clerk shall send a certified copy to the family support division for enforcement in the manner provided by law.

7.  In all cases filed under subdivisions (1) and (2) of subsection 1 of section 211.031, the children's division shall make all reasonable efforts, as defined by section 211.183, to establish paternity within sixty days of the juvenile court obtaining jurisdiction over the child.

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(L. 1990 H.B. 1370, et al., A.L. 2018 S.B. 800)

---- end of effective  28 Aug 2018 ----

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