Legal Question in Family Law in Missouri
custody change
My ex called me and asked me to come pick up our daughter and move her in with me. I have since enrolled in school and she is now under my care. How can I go about making this permanent? My ex still has my 9 yr old living with her, if I want to make it permanent that the daughter I have with me now stays what will the judge do about the siblings being split. I live in KY and my ex in MO. The daughter I have with me is 12, there were issues with the ex's parenting, and my daughter and my ex just couldn't get along which prompted the move. I would love to have both my children with me in KY.
3 Answers from Attorneys
Re: custody change
A lot depends upon whether or not the original divorce was filed in Kentucky or in Missouri, and whether there is any written agreement between you and your ex concerning which court will have continuing jurisdiction.
Most Family Court judges will consider keeping siblings together as an important (but not absolutely controlling) factor in custody decisions.
Your children are the most important things in your life. They bring you joy, but also impose upon you serious obligations; particularly when it comes to their safety and well-being.
You are best advised to have your case reviewed by a good family lawyer in your home county. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Re: custody change
You should hire an attorney to file a Motion to Modify the existing Court Order as soon as possible. After your attorney knows all of the relevant facts he or she can advise you on how the Court is likely to proceed.
Re: custody change
If the custody orders were issued in Missouri, then that state may retain "home state" jurisdiction. It would be important to time any legal action to maximize your chances of making Kentucky the home state. Kentucky may take home state jurisdiction after the child has resided here for 6 months.
If the last custody orders were here in Kentucky, then you may want to act more quickly. It helps to have a lawyer versed in family law to assist in making those decisions.
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