Legal Question in Family Law in Missouri

custody of children

my husband transferred to a job in missouri . he promised me it would be for only 2 years. i did not want to leave my home in mass. he promised me we would come back in 2 yrs so i accepted the move since then my mother died and my father has cancer. i want to move back to mass. my question is this: if i take the children (AGE 2 & 3MOS) AND MOVE BACK TO MASS is this considered kidnapping ????

please answer

Asked on 5/28/03, 3:13 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: custody of children

From your question it does not appear that there is any type of legal proceeding pending concerning the custody of the children. It also appears that there is no current Court Order of any kind concerning the custody of the children. If this is in fact the case then either you or your husband have the right to separate from his or her spouse at any time, and relocate. In many cases the spouse who leaves the marital home takes the children and maintains physical custody of the children. In cases where the spouse with the children relocates to another state, it would seem most advisable to consult with an attorney in the new state to determine how soon a Court Order may be obtained granting that spouse legal custody of the children at least until further Order of the Court. If the remaining spouse obtains a Court Order regarding custody from a Court here in Missouri prior to any other Orders being entered, it may become necessary to litigate the custody and relocation issues in the Missouri Court. This response is not intended to provide you with legal advice. You should consult with an attorney.

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Answered on 5/29/03, 12:16 am

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