Sole physical custody

[el_esm]

What is the name of your state (only U.S. law)? MISSOURI

What are the "requirements" for the mother to get a SOLE physical custody and father would take the kid for the overnight 1-2 times a week on every other weeked if parents agreed to have Joint Legal custody? Is it hard to get if nothing wrong with father (not on drugs, do not drink, etc).
Thank you,

 

[Ohiogal]

What is the name of your state (only U.S. law)? MISSOURI

What are the "requirements" for the mother to get a SOLE physical custody and father would take the kid for the overnight 1-2 times a week on every other weeked if parents agreed to have Joint Legal custody? Is it hard to get if nothing wrong with father (not on drugs, do not drink, etc).
Thank you,

What do you believe sole physical custody will get you?

 

[el_esm]

Less trouble and expenses in court if I get a job and need to move to another city.
thank you!

 

[Ohiogal]

Less trouble and expenses in court if I get a job and need to move to another city.
thank you!

Wrong. Sole physical custody doesn't give you the right to move whereever whenever. Dad can ALWAYS fight to keep his child near him. Doesn't mean he will win but sole physical custody isn't a way to dictate things.

 

[el_esm]

Hmmm... so technically how is it different from joint physical custody (what is the advantage to have it ) ?
Thank you!

 

[Ohiogal]

Hmmm... so technically how is it different from joint physical custody (what is the advantage to have it ) ?
Thank you!

The child would have ONE address for school, doctors, and other records. That is the simplest way of putting it. With joint physical custody, the child's address would be at both parents' homes.

 

[mistoffolees]

The child would have ONE address for school, doctors, and other records. That is the simplest way of putting it. With joint physical custody, the child's address would be at both parents' homes.

Which, for OP's benefit, is largely meaningless.

My ex and I have joint physical custody - in fact, 50:50. Yet for all of the above (school records, camp applications, activities, doctor's offices, etc), my address is the only one we use.

The time share is more important than whether one has sole physical or joint physical.

 

[el_esm]

So if the plan is to move to another city to leave the most important thing they will consider who takes care of the kid most of the time ? trying to come up with idea on how to better plan for future move...

 

[Ohiogal]

So if the plan is to move to another city to leave the most important thing they will consider who takes care of the kid most of the time ? trying to come up with idea on how to better plan for future move...

Get court permission OR your ex's permission. And be prepared to explain to the court why it is in the CHILD'S best interest to be moved away from dad.

 

[mistoffolees]

Get court permission OR your ex's permission. And be prepared to explain to the court why it is in the CHILD'S best interest to be moved away from dad.

OP must also prove that the relocation is in good faith. That is, they must show that it is for legitimate reasons other than separating the child from the other parent.

Details on relocation in MO:
Section 452-377 Relocation of child by parent for more

 

[mommyof4]

So if the plan is to move to another city to leave the most important thing they will consider who takes care of the kid most of the time ? trying to come up with idea on how to better plan for future move...

OP, it's not supposed to be easy to move a child away from the parent. That's why you are not getting the answer you would like to have.

 

[gr8rn]

So if the plan is to move to another city to leave the most important thing they will consider who takes care of the kid most of the time ? trying to come up with idea on how to better plan for future move...

You could always give custody to Dad and be on your merry way. What is your reason for the move--keeping in mind the best interest of your child(ren).

 

[CJane]

The child would have ONE address for school, doctors, and other records. That is the simplest way of putting it. With joint physical custody, the child's address would be at both parents' homes.

That's not true for Missouri.

 

[CJane]

Get court permission OR your ex's permission. And be prepared to explain to the court why it is in the CHILD'S best interest to be moved away from dad.

That's not true in Missouri. She doesn't need anyone's permission.

 

[CJane]

OP -- In Missouri, there is no practical difference between joint physical and sole physical. Neither confers more rights to either parent.

In order to relocate in the future, bear in mind that you will need to give notice (60 days) to the other parent via certified, return receipt mail. You will need to include information that is specified by the statute that Mistoffolees posted. This includes a new parenting plan.

The other parent will then have 30 days - after they receive the letter - to file in court to prevent the relocation. If they DO NOT do so, you are free to relocate and file the new proposed plan with the courts. The other party will have waived their right to contest the move. Active permission from the other party OR the courts is not required.

If they DO file to prevent the relocation, you'll have to wait until the court decides whether or not the child can be relocated. When making the decision whether or not the child can relocate, the courts will consider WHY you wish to relocate, whether the move is in the best interests of the child, and what the child's connection to the community is. It will matter whether or not the other parent lives in the child's home community/school district, how involved they are in the day to day care of the child, and whether that parent is a suitable custodian.

Judges in MO vary greatly on how willing they are to allow relocations, and the odds of moving a child out of their community - when the other parent lives in the community - get slimmer as the children get older.