Legal Question in Family Law in Missouri

Custody rights of a parent with Primary Physical and Joint Custody

I am a parent to two children of the ages of 11 and 6. At this time my exhusband and I share joint custody with myself having primary physical custody. I am engaged to marry a man in Ohio and would like to move there with the children. I am a full time graduate student, within one year of getting my degree. The children have always lived here. I have no family here. He has a brother and sister and their family here in Missouri. Is it possible that though I am the primary caregiver, the court will side with keeping the children with their father? He is engaged to be married to an airline stewardess and he travels about 4 times a month. In the past, I have given up work opportunities to stay home with my children and not have daycare take over their lives,and for that reason, I have stayed home, instead of working often. I want to move and start my family in Ohio. How possible will this be? My ex is not willing to make a schedule of him having them on holidays and summers. He would like me to move and pay HIM child support. My exhusband usually watcheds the children two nites a week while I go to school and in addition to that, has the children every other weekend. Is it not possible to take the kids with me?


Asked on 5/16/98, 10:21 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Removal can't be predicted

The issue of removal of children out of state is a complicated matter. You need theconsent of either your exhusband or the court. If your exhusband will not agree, youneed to file a complaint for modification and litigate. It is impossible to predict how ajudge will rule on this issue with the limited information you have provided.

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Answered on 6/09/98, 10:09 pm


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