relocation with children to another state

[wondering0507]

MO law
Ex knew I wanted to relocate with the children. ( have texts proving this)
I have sole legal and physical custody.
Tried to negotiate a new parenting plan in mediation and my ex said he would not allow it. Mediation stopped. He gave me and the mediator his new address (4th address in 6 months) and I sent the required notice with proposed parenting plan to the new address and the old address as well just to be on the safe side.
One letter came back undeliverable with no forwarding address (old address) the one to the new a dress came back as not picked up.

30 days has passed.

Am I good to go with relocation?

Thank you.

 

[LdiJ]

MO law
Ex knew I wanted to relocate with the children. ( have texts proving this)
I have sole legal and physical custody.
Tried to negotiate a new parenting plan in mediation and my ex said he would not allow it. Mediation stopped. He gave me and the mediator his new address (4th address in 6 months) and I sent the required notice with proposed parenting plan to the new address and the old address as well just to be on the safe side.
One letter came back undeliverable with no forwarding address (old address) the one to the new a dress came back as not picked up.

30 days has passed.

Am I good to go with relocation?

Thank you.

Maybe, does he regularly exercise his parenting time?

 

[wondering0507]

He has 16 hours a month per the order.
He used 25 hours in the last year.
So he does not use his scheduled parenting time.

 

[stealth2]

While the other parent is to reapond w/in 30 days, you are to give 60 days notice. Did you?

 

[wondering0507]

The notice was for 60 days.

 

[wondering0507]

I followed what the order and MO statutes requested as far as sending notice with a proposed parenting plan.
The concern I have is with him not picking up his mail or not filing a forwarding address for his mail with the post office.
He of course has not filed any change of address with the court.

 

[CJane]

If you properly provided notice per the statute, and he did not file to prevent the relocation w/in 30 days, you're ok to move AFTER THE 60 DAYS HAS PASSED. His lack of response or action is not a free pass to move early.

Keep the letters from both addresses, so you have proof that you attempted notification if/when he makes a stink. And be prepared for him to file to prevent on day 34 or 35, and the judge to allow it.

 

[wondering0507]

Thank you for the advise!