Legal Question in Family Law in Missouri

Visitation of children when one parent lives out of state

My childs mother and i have recently split. We were not married. I will be moving out of state soon or I would like to in the pursuit of completing my education. I would like to know if I am going to be able to move and still be awarded visitation of my daughter who is 16 mo old. We have not been throught the legal system to determine visitation. I am now in the process of setting up support through the state of MO.


Asked on 1/18/02, 11:04 pm

1 Answer from Attorneys

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

Re: Visitation of children when one parent lives out of state

From the limited facts contained in your question, it would appear that you need to file a suit while you still reside here in Missouri seeking a Court Ordered Declaration of Custody which will include an award of custody, approve a Parenting Plan, and provide for legally enforceable visitation. The process you refer to as "setting up support" with the state, probably refers to the Division of Family Services, Department of Child Support Enforcement's administrative procedure to declare you the father and order you to pay child support. This process can not result in any order of visitation. Also, you seem to presume that you are the biological father of the child. Have you undergone a DNA test to determine paternity? In most cases, it is advisable and can be worth many many times the cost if it turns out that you are not the father. If you are not already represented by an attorney, you may call me for a free telephone consultation at 314-727-2822.

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Answered on 1/20/02, 3:51 pm


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