Understanding Interstate Child Custody Disputes: Lessons from Schutter v. Seibold

When parents live in different states, child custody disputes can become especially complex. A recent Missouri Court of Appeals case, Schutter v. Seibold, highlights key legal principles that parents should understand when navigating interstate custody and support matters.

Case Background

Jennifer Schutter (Mother) and Paul Seibold (Father) divorced in 2013, with Mother receiving sole legal custody of their special-needs child and Father receiving visitation rights. In 2019, Mother moved to Texas with the child, and the Missouri court modified custody to allow supervised visitation in both states.

Father later filed multiple motions in Missouri court, including:

- Family access motions (alleging Mother denied visitation)

- Contempt motions (claiming Mother violated court orders)

- Child support modification requests

The Missouri court initially dismissed these motions, believing Texas (where Mother and child lived) was the proper jurisdiction. However, after appeals and further litigation, the court ultimately ruled that:

1. Missouri could no longer modify custody once Texas issued its own custody order.

2. Missouri could still enforce its prior custody orders until Texas modified them.

3. Child support modifications were still under Missouri’s jurisdiction because support is separate from custody under the law.

Key Takeaways for Parents

1. The UCCJEA Determines Which State Handles Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state’s courts can make custody decisions. Key rules include:

- The home state (where the child lived for at least six months) typically has jurisdiction.

- Once a state issues a custody order, it keeps "exclusive, continuing jurisdiction" unless:

- The child and both parents no longer live there, or

- Another state’s court modifies the order.

In Schutter, once Texas issued a temporary custody order, Missouri lost authority to modify custody—but could still enforce its prior orders.

2. Enforcement vs. Modification: What Courts Can Do

- Enforcement: A court can enforce its own custody orders (e.g., holding a parent in contempt for denying visitation) even after another state takes over jurisdiction.

- Modification: Only the new state (where the child now lives) can change custody terms.

3. Child Support Is Handled Separately

Unlike custody, child support modifications remain with the original state unless both parents agree to transfer jurisdiction. Here, Missouri retained authority over Father’s support obligations, even though Texas handled custody.

4. Temporary Orders Still Count

Father argued that Texas’s order—which only adjusted visitation temporarily—didn’t fully modify Missouri’s custody ruling. However, the court ruled that even temporary changes qualify as modifications under the UCCJEA, shifting jurisdiction to Texas.

Practical Tips

1. Register out-of-state orders – If moving, register custody orders in the new state to streamline enforcement.

2. File motions in the correct state – Custody modifications must go to the child’s home state; support changes may stay with the original court.

3. Document violations carefully – If a parent denies visitation, file an enforcement motion promptly in the state that issued the order.

4. Consult an attorney early – Jurisdictional issues are complex; a lawyer can help avoid procedural mistakes.

Conclusion:

Schutter v. Seibold clarifies how interstate custody and support cases work under the UCCJEA. If you’re dealing with a multi-state custody dispute, understanding these rules can help you take the right legal steps.

Need help with a custody or support matter? Contact Siegel Family Law for a consultation.

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Disclaimer: This blog post discusses general legal principles and should not be construed as legal advice but merely as an opinion. This content is not intended to create an attorney-client relationship or provide legal advice for your specific situation. Every family law case is unique, and evidence rules can be complex and vary by jurisdiction. You should not rely on this information when making legal decisions. Consult with an experienced family law attorney to discuss how these principles apply to your specific circumstances and to receive proper legal advice tailored to your case.