Legal Question in Family Law in Mississippi

Re: Can I move?

I agree with Mr. Pettigrew and can not think of anything to add really. You can either ask your husband is it o.k. or do like most custodial parents and just move anyway. Put the ball in his court to hire an atty and go to court for a modification. If it's only a 60 mile move, the judge very well may tell him to "deal with it".

Re: Can I move?

Under the U.S. Constitution you have the freedom to move anywhere in the U.S. Every American who has ever traveled through the many European countries has probably thanked God each time for this American freedom. However, your child's freedom is subject to the control of his or her guardian, and once a court obtains jurisdiction over the best interest of a child through a divorce, it becomes the child's super guardian with powers greater than either parent. Based on its powers and obligations to provide for the child's best interest, the court can prevent the child from being removed from this state by either parent or require the child's return. However, I believe under the Uniform Child Custody and Jurisdiction Act, the court loses this power if the child establishes a new home by living in another state for at least six months. Therefore, it seems that you are not prohibited from moving to a new home with your child, but if the court is required to consider the move as grounds for modifying the divorce judgment before or within six months of the move, it can modify visitation or require the child's custody to be changed to the in-state parent if it is in the child's best interest. You should consult with an attorney before your plans harden into concrete.