leaving the state

I have a friend who is filing for divorce soon. She lives in St. Louis, Missouri. Her husband abuses her phyically. They have 1 child. she wants to leave the state and move to the chicago, IL area (about 5 hours away). Can she take the child across the state line while her divorce is pending?? or can she just go there and file?
is Missouri a fault/nofault state or just a no fault state...
any help you could provide would be appreciated!! THank you!!

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

As long as no court ordered custody is in place, she can take the child.

[LegalBeagle]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lawrat:
[b]As long as no court ordered custody is in place, she can take the child.[/b]<HR></BLOCKQUOTE>

Have to be careful here Lawrat.. she states that there is a divorce PENDING.

The our poster: is the abuse documented ? Are there police reports ? is there a Restraining Order in Place ?

What EXACTLY has been filed ?

no she has no documented reports on the abuse(i know!! I have told her to!!!) there is no restraining order in place
she is talking to a lawyer on monday but no papers have been filed or served yet. she has told her husband that she wants a divorce.

there are some new developments now... she has filed for divorce as of today...
and her husband has told her to get out of the house... how will this now effect her moving to Illinois????

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by charast:
[b]there are some new developments now... she has filed for divorce as of today...
and her husband has told her to get out of the house... how will this now effect her moving to Illinois????[/b]<HR></BLOCKQUOTE>

Now she has to stay put. Once papers are filed everything freezes. She does not have to get out of the house though and personally I think she should get a restraining order and have him taken from the house by the police.

Hopefully also she asked for temporary child and spousal support pending the divorce proceedings..