Legal Question in Family Law in Missouri
I had to take a new job out of state and my ex wife has filed a motion to block relocation(which I am having to represent myself in because my savings was depleted while I was out of work). I have started working there but can not move the kids until the court rules. Would it hurt my custody case to have the kids stay with their mother rather than me commute 3.5 hours each way to and from work?
And should I have her sign something that states that I am not giving the kids up, this is simply so that I can keep this job that I have?
1 Answer from Attorneys
You are wise to seek advice in this matter. You shoudl reevaluate whether you can afford some representation.If you lose custody, and have to apoy support to your ex, it might cost you much more than a little paid assistance.
The improtant issue will be the type and timing of your notice to your ex, about the proposed move. There are sometimes issues (among others) about the propritety of the move. But, since you were unemployed and moved to start a new job, you should have little trouble convincing nthe Court that the move is proper for you. You did not indicate how much notice you gave the Mother, or any indication as to the reason you had custody up til then. If the reason for you to have primary still exists, you may likely retain custody in the new state.
Your primary concern should be the welfare of the kids. You're their Dad, so you can possibly be the best judge of that. If you cannot feasibloy take the kids with you until you get settled, then that is your decision. You shoudl document your decdision and the reasoning. The Court, when ruling on a relocation contest) will be how it will alter the kids' lives and which parent is being the most reasonable. That isn't who is being the most accommodating, (which is important), but which parent is making decisions and proposing arrangments based upon reasoning that is intended to take care of the children and accommodate regular visitation.
If you previously lived near your ex, visitation was much simpler than after the move. Have documented evidence for why the children should move with you. Have a plan for how they will see their Mother. It might be best for the children if theyn remain with Mom for now, especially if it allows them to finish the school year at their same school. Document that you are considering the likely and actual effects upon the children. Summer may be an easier time for the kids to transition to a new home. In your intended letter to your ex, you might mention that this part of the reason you are leaving them with her temporarily.
You may not need full representation in this matter. Missouri, and several surrounding states, allow for partial representation. You should consult directlly with an attorney in your area, as to the specific facts of your case. Many family law attorneys offer a free or low cost initial consultation. Contact one. If you tell me where you lived and where you moved to, I might be able to refer someone. You may decide to pay one to draft your Pro Se (without an attorney) pleadings and help you prepare the evidence you will present to the Court.
Good luck