Legal Question in Family Law in Missouri

My niece has been threatened by her husband with a gun. She has 2 children ,11 and 13. She wants to leave with her children and come back to home but isn't sure if she can legally cross State lines with them. Her or her husband haven't filed for custody of the children. So who has the right to the children. She is afraid for herself and the kids. He knows she wants to leave so he is with her 24 /7. He is allowing the kids to go to school so she has plans to pick them up and just take off with them.

Can the law be called on her for leaving with the kids?


Asked on 9/17/10, 3:02 pm

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

Your neice should ge herself to the Courthouse and file a Petition for an Ex Parte Order of Protection. The Order will keep the man oout of the house and away from her and the kids. The Order may also provide her with legal and physical custody and child support. There will be a Court date set at which time the Ex Parte (temporary) Order can be converted into a Full Order of Protection. Then, she can comply with the relocation statute and move wth the children if the husband does not obtain a court order preventing her from doing so.

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Answered on 9/29/10, 9:01 pm


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