• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Full custody Mom wants to move out of state

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

ameliagrundy

Junior Member
What is the name of your state? Missouri

Full custody Mom wants to move with her new husband and other children to another state to be near extended family. Father has visitation, but several years ago waived any rights (in court) to custody. They have been through mediation twice and he has only wanted decision-making rights on sports activites (no living arrangements, school, healthcare, etc.).

She gave him 60 day notice and he did not object. She created a family plan to outline visitation, which ended up being more days a year than he currently sees his son. She did not get a chance to review this plan with him because one month after notice, he dropped off official "objection" papers drawn up by lawyer. She has 14 days to "answer."


Two questions:
1) She and family have had trip planned for months to "new state" to look for place to live, job, etc. This trip falls during the 14 day period. She can't find a lawyer who can "answer" before her trip. Can she get an extension on that 14 days? How does she do this?

2) What rights does she have? Should she fight this? Extended family is very important and close providing much emotional, financial, and physical support for mom and son.

Thanks for any guidance you can give.
 


stealth2

Under the Radar Member
I think Mom would be wise to put off the trip at this point. If Dad objects to the move and is involved with the kids to the extent his visitation offers, Mom may have a difficult time gaining the court's permission to move. As important as extended family may be, the other parent is generally more important.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top