Legal Question in Family Law in Missouri

Missouri Law moving out-of-state with a minor child

I have custody of my children, recently remarried and my new spouse has military orders to move to North Carolina in January. When my ex and I divorced, it was put in the decree that I could remove the kids from the jurisdiction of the court and we also agreed to a seperate visitation plan in case we had to move out-of-state. It is time to move and now he says he is against it. Can I give him 60 days written notice that we are moving and be ok without hiring an attorney? Do I have a right to do this? He has visitation every other weekend and three hours once every week. Please inform me. Thanks.


Asked on 10/19/07, 4:12 pm

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

Re: Missouri Law moving out-of-state with a minor child

Yes, you can certainly provide your ex with the relocation notice required by law without hiring an attorney. The requirements are probably set forth in the Family Court Judgment, or other Judgment granting you custody. If not, you could look up the specific requirements in the statutes. However, if your ex files an objection to your proposed relocation in court, I would certainly advise you to hire an attorney to represent you at that point. Most of these relocation cases are resulting in the court allowing the custodial parent to relocate so long as approproiate adjustments are made with the terms of visitation.

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Answered on 10/19/07, 11:46 pm


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