Legal Question in Family Law in Missouri

Sibling/Father rights

My father married a woman just over 12 years ago because she was pregnant with his child. My father was reasonably well off at that point and this woman remained married to him for a little over 10 years. She never worked. My dad had a stroke and it incapacitated him to the point he could not work and now draws disability. They never had a good relationship and so about a year after he had the stroke, my step mother divorced him. He doesn't pay child support but he tries to help out from time to time even though he only makes around $650 a month from his disability. Because my father had the stroke they lost their house and had to sell a lot of their personal belongings so my dad is broke. My stepmother recently filed bankruptcy and because her job only has part time work for her she is talking about moving 2 states away. Basically, if she moves, we will never see my sister, who is now 12 yrs old. She says because she has full custody that my father has no rights. Can you tell me if he or I have any rights. My sister doesn't want to move away. I offered to take responsibility for her as my husband and I can afford to take care of her. Do we have any rights?


Asked on 9/14/08, 3:35 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Sibling/Father rights

Your father does have legal rights in this case although you do not. In Missouri we have a Relocation Statute which requires a custodial parent to provide the non-custodial parent with a letter by certified mail setting forth certain specific information concerning the proposed move in advance of the proposed move. If your father objects to the proposed move he can file a pleading in Court (the divorce Court), and then the matter can either be resolved or tried like any other lawsuit. Both of these actions are severely time limited, so your father should not delay if he intends to take action. In most of these cases in the jurisdictions where I practice in the Eastern part of the state the judges tend to allow the relocation if there is good reason for it, but they require the rights of visitation and/or temporary custody enjoyed by the non-custodial parent to be adjusted (and sometimes increased) to assure the child will have significant and meaningful time with both parents. I would advise your father to retain an attorney.

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Answered on 9/14/08, 9:58 pm


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