Legal Question in Family Law in Missouri

Modification of Divorce Decree

My Husband has sole custody of his Daughter. He was divorced in 1996 and was awarded joint custody with visitation. In 1997 he went to court to have the Decree Modified since his children lived with him and their Mother left and did not try to contact the children for 2 years. The court awarded the Modification giving him full custody and no visitation to the Mother. The court waived a rehearing. Does this mean the Mother can never go to court to fight for visitation? She has not for 9 years and is now comming into the picture calling and making threats to do so. Please answer this ASAP.

Thanks,

--name removed--Kidwell


Asked on 8/17/05, 4:52 pm

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

Re: Modification of Divorce Decree

Under the proper circumstances, the Mother would be able to file a Motion to Modify. However, given the facts set forth in your question, it appears unlikely that the Court will transfer custody of the children to her. It is more likely that some arrangements would be put into place to allow the Mother an opportunity to rebuild her relationship with her children over time, cumulating in some rights of visitation or temporarty custody perhaps. The abandonment of her children for so many years will make it very difficult for her to prevail.

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Answered on 8/20/05, 1:47 pm


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