Legal Question in Family Law in Missouri
Moving out of state
My husband is a resident of Missouri but is stationed in the service in New York. We got married in New York and have a 1 year old son. I am a resident of New York. We are going threw a rough time in our marriage right and I am hesitant to move to Missouri when he gets out of the service in a few months in fear that if we did divorce, I would be forced to stay in the state. Could you please tell me if it is a law that I would have to stay there or would I be able to move back to New York? And, If that is the law, would it be a possibility to have legal papers drawn up that state that I would be allowed to return to New York, which I could have my husband sign that would hold up in court?
1 Answer from Attorneys
Re: Moving out of state
You would always be permitted to live wherever you
please. The question is whether the Court would
allow you to retain custody of the child if you move
This is normally done on a best interest analysis
If there are sufficient contacts and reasons
independent of a denial of visitation, permission
is freely granted. This also gets to be
expensive in terms of payment for transportation
for visitation, and you may be faced with
having the child gone for an entire summer to make
up for the lack of contact during the school year
Post nuptial agreements settling questions of
custody and residence in the event of a divorce
are uncommon but are legal and enforceable. These
though may always be reviewed by a Court because
they deal with the welfare of a child and can
be set aside if they can be shown to be detrimental
to the child
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