Legal Question in Family Law in Missouri

wanting to move

My husband has joint custody with his ex-wife. She currently was asked to leave the drug court diversion program which was a stipulation in the last modification order(that there would be reprocutions.) We live in Blue Springs we want to move up by St. Joe about an hour away, we are wanting to build a house. If we send her the 60 days written certified, reciept requested notice, What happens if she doesn't get the letter? We don't know where she is living now. We just know her last address. Don't know where she is and she hasn't even tried to contact us to see the child. She will contest this move, she loves to fight. Please help, I am confused. Also do we send her notice of moving (the general area)first or wait until we have an address?


Asked on 8/23/06, 10:47 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: wanting to move

It is often betterto break potentially bad news as early as possible. If the mother had a lawyer in the modification action, send a notice of intent to move to the St. Joe area in addition to sending it to her. If you know of a relative that you feel she keeps in touch with, send one to her, care of that relative, at that relative's address. If she is going to oppose the move, start her notice period as early as possible. Then when you know the precise address, send a notice of that too.

Since you are only moving an hour away (and if your husband has physical custody) there should be little to prevent your move. Your husband may be responsible for transportin the child(ren) for visits with the mother.

Good Luck.

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Answered on 8/24/06, 7:57 am


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