Legal Question in Family Law in Missouri

Two people have a divorce. The father lives in KC and the mother lives in St.Louis with 3 kids. Two of the kids are boys and they are the son's of the father who now lives in KC, the other child is a girl who has a different father who fails to support her so the father from KC helps anyway. The father in KC lives with his girlfriend of many years who has a 2 kids as well, one of which just had a baby and the other (male) who is in school. The father visits St. Louis whenever he can and when he does he is allowed to see his kids for the weekend. If the father decides to keep the kids over night and the mother knows that the kids are with him can she really call in a police report and file it as a kidnap? and is it legal for the mother to decide to move the kids to Florida without talking it over with the father who wants to move the kids to KC with him?


Asked on 5/31/10, 12:16 am

1 Answer from Attorneys
Anthony Smith LawSmith

Whether the father can be said to have kidnapped his kids by keeping them longer than the mother expected, depends upon the custody Order or arrangment in place. If the father has contact and visitationwith he kids, and provides supportn, the mother may nto move out of state with the children, over the father;s objection without court approval. The court might allow the mother and children to move, but may Order the mother to pay all or some of the expense of the kids flying to KC to visit with Dad.

Good luck

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Answered on 6/01/10, 11:24 am


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