Legal Question in Family Law in Missouri

Re: Changing an out of state visitation agreement

It seems that Texas is where the children are living and this is their home state. You might file to transfer the matter to a Texas Court and then seek modification. There is no guarantee as to the outcome. You are arguing that you don't want to spend the money to send the children to see their mother, though you agreed to do so. What circumstances have changed since you and she made that agreement? It is not contract law, but judges are lawyers and lawyers have contract like fairness imbedded in their minds. Had you made a business agreement, such as an agreement to buy things with a credit card, then having the benefit of that money decide it is just too expensive to pay it back, would it be fair to say, OK, no problem, don't worry about it. Make the Bank lose that money instead of you because it is just too hard for you to pay. In family situations, the interests of the children also factor in. If you attempt to keep the children from their mother, having been the one who moved, that is not going to look good for you. Can you see objectively what you are asking the Judge to do? Can you be objective? Still, there may be some way to do something. If the mother is paying child support, perhaps that could be reduced. If the mother is not paying child support though capable of paying child support, perhaps the equities can be adjusted. Perhaps a hand crafted decree can be made which varies from a standard visitation order that you can both live with, giving her more time in the summer and longer but more infrequent vacations. It is generally easier to fight in your backyard than so far out of state, though enforcing child support out of state is problematic.

I am local to you.

http://www.reasonable-doubt.com

Re: Changing an out of state visitation agreement

In Missouri in order to prevail on a Motion to Modify you have to plead (and prove) substantial and continuing changes in circumstances of the custodial parent or child which make the original decree unfair and further that it is in the best interest of the parties that the original decree be changed. If you can do this, you may succeed. I have done a great number of Modifications over the years, and I would be willing to give you a free telephone consultation if your case is in the Eastern half of the state and you are not already represented by legal counsel. My number is 314-727-2822.