Legal Question in Family Law in Missouri

Child Custody Decree

My husband and I are seperated. We have 2 children together. We have a legal court ordered custody agreement on our 7yr. old son. It states we both have legal and physical custody of our son. My son now wants to live with his Father. do I have any legal right to keep him living with me? My husband is the one who moved out. It was not a mutual agreement. Do I just have to let him have our son?


Asked on 11/11/02, 2:45 pm

1 Answer from Attorneys

Re: Child Custody Decree

The terms of the Custody Order will dictate what the custody arrangement should currently be. You and the child's father can work out a different custody arrangement between the two of you, but neither of you are obligated to agree to anything other than the terms of the custody order. Of course, if the current arrangement is not working and you are both unable to agree on a new arrangement, then either party can petition the court for a modification to the custody order. If your husband does so, you can argue that the prior custody order should not be changed. Ultimately, it is up to the judge to determine if a change has occurred in the circumstances of the child or his custodian and that the modification is necessary to serve the best interests of the child.

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Answered on 11/11/02, 4:15 pm


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