Legal Question in Family Law in Missouri
my rights and what s allowed
i have a 6 yr old daughter and her father took her to another state,city and we both have equal rights to her i want to go get her and bring her back but dont know how to go about it the legal way
2 Answers from Attorneys
Re: my rights and what s allowed
Unless you have an order from a court, his "equal" rights allow him to keep the child. Unless you can go pick her up and get back home or out of his state, your thought is very risky. All he has to do in turn you in to the police and you could be explaining your "equal" rights while in jail.
Re: my rights and what s allowed
Are you located in Missouri? the post to Lawguru does not make it clear whether this quesstion involves Missouri law or Texas law. My response is only to be considered if you are asking about Missouri law. First, your post does not tell us whether therre is any Court Order regarding the custody of this child. We do not even know if you were married to this man, or whether there was a determination of paternity in the event you were not married. If there is a Missouri Court Order granting you jooint custody and some specific physical custody then both you and the father must obey that court order. Did he provide you with the notice required by the Missouri relocation statute, and, if so, did you file a Motion in Court to contest the relocation? f not, you might want to file a Motion for contempt on the basis of the father denying you your rights of custody, or a Motion to Modify to set up a new plan considering his relocating out of state, but I would wait until I had physical custody of the child here in Missouri before taking any legal action. If this involves Texas law, consult with a Texas attorney.