Legal Question in Family Law in Missouri

moving children out of state
A friend of mine found out that his wife went to consult an attorney about her options in regards to getting a divorce. They currently reside in Missouri, but she is orginally from New Jersey. She proceeded to tell my friend, her husband, that it didn't mean anything and she wasn't going to file for divorce. He is now afraid that she is going to take their two children, ages 3 and 1, and flee to New Jersey. What recourse does he have besides filing for legal separation or divorce? He is not wanting to leave his wife at this point. But doesn't want to lose his children. He is just trying to be proactive so he isn't blindsided some day.

Asked on 4/04/04, 11:39 pm

Thomas Sandifer Law Offices of Thomas L. Sandifer

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Re: moving children out of state

If the Wife intends to return to New Jersey, then New Jersey would be a better place for her to file for divorce.

However, the question is which court would have jurisdiction of the children.

I cant answer that question based on the information you have provided.

I would assume that if your friend intends to stay in Missouri then he would prefer to litigate the matters here.

Thomas Sandifer

314-725-7776

Answered on 4/05/04, 12:43 pm

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