Legal Question in Family Law in Missouri

ex-wife moving out of state with my child

my ex-wife is pregnant and trying to get married as quick as she can. the man she is about to marry is in the army and is about to be transferred to another state. is there anyway to stop her leaving with my child. i've had him much, much more than my divorce papers say i am allowed. more than double leaning toward triple and i don't want to lose the relationship i've developed with my son due to irresponsible behavior and her desire to flee the area. i want to keep the visitation i am now use to seeing my son every week during the week and many weekends. is there any way to stop this move, please tell me there is.

Asked on 11/14/06, 11:12 am

1 Answer from Attorneys

Jeffrey Carey Carey Law Firm, LLC

Re: ex-wife moving out of state with my child

Your wife is required to give you advance notice of the proposed relocation, via certified mail, at least 60 days prior to the relocation. You have thirty days from receipt of the notice to file a motion with the court to oppose the relocation. The Court will ultimately need to determine if the relocation is in the best interests of the child.

I would suggest sending your wife a letter informing her that she is required, under Missouri law, to notify you via certified mail about the proposed relocation at least sixty days in advance of moving. She has other information that she needs to provide including the proposed new residence location and the proposed reason for the relocation. She is also required to provide you with a proposed parenting plan that will provide for your visitation. If she fails to give you notice, and leaves the state, the court can order a change in the custody relationship and you may be able to gain custody. If she ignores not only the law but your letter informing her what the law is your case should be strong.

Read more
Answered on 11/14/06, 5:26 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Missouri