Legal Question in Family Law in Missouri

Re: rights of son

In the first place, your son is fortunate to have a father who is willing to take over physical custody and save him from the almost unreal future horrors his mother might have in mind. You are absolutely right to seek legal advice about "how to get the ball rolling". First, it is absolutely necessary for you to go back to the Court which granted your divorce to seek a "Modification" of that Court's previous Order regarding child custody. Do not under any circumstances make any permanent change in the current arangement without getting the Court Order modified. You can certainly take physical custody of your son as soon as you want to do so, but be sure to get a Motion to Modify filed as soon as possible. In the Motion to Modify, you will be required to plead that there have been substantial and continuing changes in the circumstances of the child or of the custodial parent such that it is in the best interest of the child for the original Order to be modified. In your case it seems as though the child's Mother would consent to the Modification, and so it would not be necessary to plead anything unpleasant specifically, and the entire matter may proceed through Court relatively quickly and easily. Various other documents will also have to be filed, such as financial statements, a written parenting plan, and so forth. Your ex-wife may simply sign a document instead of being served with the papers. Then, after a mandatory waiting period, we could obtain a court date, and submit a written agreement between you and your ex-wife for the Court's approval. Costs vary according to where the Court is located, which attorney you hire, and other factors. All of the expense of time and money, however, will be very well spent on the well being of your son. If you are not already represented by legal counsel, and you would like a free telephone consultation, you may call me at 314-727-2822.