Legal Question in Family Law in Missouri
I (Steve) have been divorced for approx. 3 years now and my ex and myself have 50/50 custody of our 7 year old daughter every other week and alternating holidays as outlined in our decree. There is no child support order as whomever has her that week is responsible for support and her primary residence is listed at my home. My ex wife informed me 3 weeks ago that she is moving next week approx. 3.5 hours away for a new job. She wants me to take our daughter for the entire school year and she gets her during the summer. I am more than happy to take her for the entire school year but do not want to give up my summers with her. I am willing to share summers 50/50 with her during the summer but my ex does not want to do that. Do I have a case to be granted full custody and let my ex share time as I see fit since she is the one moving and to my knowledge she has not filed any motion to do so
2 Answers from Attorneys
You need to meet with an experienced family law attorney to protect yourself.
You need an attorney NOW. Check your existing Court Order. It should include the language of the "Relocation Statute". You wife should send you a written notice of her intent to move. You then have a limited time to file an objection in Court. Don't let her ignore the law an move away with your children!