Legal Question in Family Law in Missouri

My daughter is 3. I have papers stating I have joint physical custody, but she resides with me. I have sole legal custody. I am getting married and my fiance has accepted a job with the railroad in Nebraska making substantially more than we are making now. I understand I have to send a letter notifying her father of my moving. Once he takes me to court to try to stop me from moving with her, we would go to court. Do you believe I would be able to leave with her or would I be forced to stay or give her up. Obviously, I would stay but I want to know how likely it is that a judge would not let me take her.


Asked on 8/20/10, 6:09 am

1 Answer from Attorneys

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

I have handled a good number of these "relocation" cases, and in my experience most judges are open to allowing the relocation so long as appropriate adjustments are made to assure the non-relocating parent still gets significant and meaningful parenting time with the child. Many of these cases can be worked out by agreement of the parents subject to the approval of the court. If you do not already have an attorney, you may contact me for a free telephone consultation.

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Answered on 8/27/10, 4:50 pm


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