Legal Question in Family Law in Missouri

I live in Missouri, and my husband lives in Illinois. We are still married, but have been separated since October 2009. We have no form of child support or custody agreement. Neither of us can afford a divorce. He has lost his license, and is currently awaiting trial for his second DUI so he doesn't see our son more than once a month at the most. My boyfriend and I live in an apartment with my son and have for the past 6 months. We have recently both lost our jobs and he is planning on moving to Colorado where he has a job and apartment lined up. There is a college out there that I would be accepted at. My question is can I move out there without my husbands permission since we have no custody agreement. I can't really afford to fight him in court over this, although if I could I'm sure it wouldn't be a problem since it is in the best interest of the child. My husband has threatened to call the police on me if I leave the state, even though he doesn't reside in Missouri himself.


Asked on 6/28/10, 1:11 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

I would think that you would be well advised to obtain a Judgment dissolving the marriage, awarding custody and providing for child support. Your son's father will probably be awarded some parenting time but transportation arrangements can be made. If he would agree to allow the Missouri Court to enter the Judgment, and you two could work out an agreement, then you could accomplish this relatively quickly and inexpensively. Good luck.

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Answered on 7/04/10, 9:02 pm


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