Legal Question in Family Law in Missouri

Relocation

My current husband was currently offered a job in AZ. this job offer will double or triple his current salary. My exhusband the father of my 3 childern is probably going to contest me relocating. However he hasn't paid child support, he dosen't call but once a week, and he has only seen his children 3 times this year, and two of the times he has seen them has been because I have taken the kids to him. He currently has no job, and he has moved 3 or 4 times this year. Do you think that my exhusband will be able to stop us from relocating?


Asked on 12/09/05, 3:11 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Relocation

If you properly notify your ex of your proposed relocation pursuant to the statute, he might file a Motion in court seeking to prevent the relocation. If he does not, then you will be free to move. If he does, then you need to get all of your ducks in a row prior to going to court. I have handled several contested relocation cases since the statute was passed, and in every case I was able to assist my client in relocating with the court's permission. Of course, every case is different and the results are always fact driven.In order to be prepared you will need to obtain all of the pertinent information youcan about the local schools, the local churches, the local health care facilities, and so forth. It would be a good idea to have a very detailed plan for who takes care of the children when you are not going to be home, after school and so forth. In many cases the court will condition the granting of permission to relocate on the relocating parent's willingness and ability to adjust court ordered visitation with the non-custodial parent to make up for any time he would miss from the normal court ordered visitation even if the non-custodial parent was not taking advantage of his visitation rights regularly. Often the court will require the relocating parent to pay for transporting the children back and forth for periods of visitation with the non-custodial parent. If you are in the Eastern half of the state and you are not represented by legal counsel, you may call me for a free telephone consultation.

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Answered on 12/09/05, 10:16 pm


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