Legal Question in Family Law in Missouri

Divorce/Custody

My wife and i are planning on getting a divorce, and she says that afterwards, she will be taking our daughter and moving to another state, can she do that?


Asked on 6/22/07, 10:29 pm

1 Answer from Attorneys

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

Re: Divorce/Custody

It depends. In the divorce case, either you two will come to an agreement or the Judge will rule on who has custody of the child and exactly what visitation or temporary custody rights the other parent will have. If your wife does intend to relocate out of state, that must be taken into consideration. If there is no agreement, then the Judge must rule based upon the best interests of the child. If this is not dealt with at the time of the divorce, and your wife wants to relocate out of state after the divorce, she will need to comply with the relocation statute which requires her to provide you with a very specific notice and allows you to file a Motion in Court to deal with it. I do wish you the best of luck and advise you to consult with an attorney at your earliest possible opportunity.

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Answered on 6/22/07, 10:35 pm


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