Legal Question in Family Law in Missouri

When a petition for divorce has been filed, but NOT settled or went to trial yet, can the party w/ primary custody move?

I have primary custody of my twins (5yrs old, not in school) I have a job that is a 45 minute drive away. I have the opportunity to move about 10 miles from our current home (towards my job and in the same town that their father works, but does not live). He is does NOT want me to move to this town as he just "doesn't like the town". Can he stop me from moving? What happens if I just up and move? Can the court take my children when we go to trial for the divorce? Neither of us have any family or real community ties to either town, but for me the move would mean a significantly larger home for the boys, in a nice neighborhood, NO increase in my rent, but 10 miles 1 way fewer for my drive to work. Like I said, the dad actually works in the town I'm wanting to move to.


Asked on 1/27/13, 9:37 am

1 Answer from Attorneys
Anthony Smith LawSmith

You should address this Queston with the attorney representing you in the divorce. They woo tell you that you have to give the other parent written notice of the proposed move, so that he can have the opportunity to object in court. If you just move, the court can use it against you in establishing the final determination of custody and visitation. If you act rashly, you could lose custody and have to pay child support to your ex.

Good luck

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Answered on 1/27/13, 6:44 pm


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