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  1. #1
    ljdunlap Guest

    Unhappy

    My sister lives in Missouri and has been divorced about 3-4 years with a 5 year old child. I think she & the dad have joint custody, but the child lives with her mom and dad has visitation rights which he rarely keeps. In the divorce it was stated that they could not move out of state without dad's consent. In September, 2000, my sister was diagnosed with multiple sclerosis. She is doing great right now, but the disease is extremely unpredictable. Her entire family lives in Tennessee and she wants to move here to be with us so that if she gets sick again, we will be there to help her and so that her daughter will be around family that loves her and spends time with her. Does anyone know what the Missouri state laws are regarding this matter? I think she has to write a letter to the dad stating her intent to move to TN including all the specifics and with new visitation arrangements for him. Then he would have ?? days to contest, and if he does not, she is free to move. If he does contest, they would have to go to court and let a judge decide. Is this correct? Anyone know the particulars? Thanks for any info!!!!!!!
  2. #2
    tammyM77 Guest
    I'm not a lawyer but I do know this b/c I am from MO usually the father would have 30 days to contest then if he does the next thing her lawyer might do is try to work something out with his lawyer longer vistation etc. if that isn't going to well then she will have to go to court good luck
  3. #3
    Ambr is offline Senior Member
    Join Date
    Jan 2001
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    Arkansas
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    I am doing a Missouri relocation myself right now.

    She does have to provide a letter of intent to relocate to the father within 60 days of the date she wants to move. he has 30 days from the time he receives the letter to motion to stop the relocation.

    the letter has to detail out where you will be moving to, why you are moving to that area dn give contact information for the father. it also has to detail out a new visitation schedule to allow additional time to the father.

    it is best to send the letter (if you write it yourself) to the father through certified mail, that why you have proof that he received the letter and the date he got it on. you also want to copy the courts, just send it to the clerk of the circuit court where the divorce was filed and put the case # on it. they will file it for you, so it is on record.

    you will have to prove that the move is beneficial to the child and the mother. with the MS it will prove it. she is moving to be close to her family for support. there is family there for the child. the one problem might be that he can use the MS against her to fight for custody, stating that she would not be able to handle raising the child.

    it would be easiest on you if he would agree to the move. put it all in writing and get him to sign off on it. get it notorized and sent to the courts.

    good luck!
  4. #4
    kcmomof3 Guest
    I have just gone though at denial to move from the state of Missouri, It is not very pretty. I is up to the parent who is moving to prove that it is in the best interst of the child to be removed from the state. If the bio father has any family here in Mo and that family has had any contact with that child. Then the family members can also contest the move. I was trying to move 2 of my 3 child of Mo in Dec 99. At the time my husband was in the military and was stationed in KY. I was also at time requesting that my son come to live with us. The courts denined my move and also they denied the transfer of custody of my son to me. Stating that if we did move, the children would have NO contact with other family members. It is not an easy fight. Now I am still fighting for phyical custody of my son, since his father in now serving 30 plus day in jail. Keep in mind that he testified that he did not drink and was a model father for the children less than 15 months ago.

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