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Missouri Motion to Block a move

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We live Missouri. (Ive tried looking on here through other peoples and haven't gotten information I need)

My stepson is 7. My husband and her have 50-50 custody. (Every other week with each parent) His Mother has decided to move to another city. She thinks that she gets to change his school without getting consent from the dad (my husband). The court documents say that they have joint legal custody - they have to agree on what school and on a change of school.

The school he currently goes to is out of district for us (his moms current district and same school he's gone to k-2). It is roughly a 14 minute drive for us. The school she wants to move him to would be a 40 minute drive (80 minute round trip then would have to do it again to pick him up from school or pay for after school program so my husband could pick him up after work but still VERY out of the way at least 20 minutes out of the way one way). The school she wants to move him to looks great, when I looked at what the registration process is - basically it is impossible for him to get in (most people are on waiting list for years). I pointed this out to her and she's like, "Oh I didn't read that page. Oh well I'm still moving to Nixa and putting him in a Nixa school." We asked what benefit there is to him going to a Nixa school and so far she hasn't answered.

The schools in Nixa are no better than the school he currently is in. It is also no better than the school in our district.

The mom also moves every year and rents. We own our home.

We need to be ready to file a Motion to block her move as soon as she decides to do so. (Per divorce papers) I've been trying to get a head start on this. I modified their original custody arrangement using the free court papers online, and filed them. (She was willing to agree to them - she didn't show up to court tho). I have tried looking everywhere for a Motion to block her move and even called the courts to check if there was one and what I've gotten from everything that there isn't one and somehow you have to "Follow the guildlines of a Motion" but I can't find guildlines of a motion to follow. The only options I can find online are the Motion to modify custody which doesn't give you an option to delete and write in your stuff, or an example of a motion for something completely different that someone posted on a different persons question but as I read through it I'm not sure what information I need to put on there....

Basically I'm looking to see if anyone can help or push me in the right direction or send me a link that helped the figure it out or tell me what information I need to put on there.... Or really anything.

Thank you to anyone who read this and a special thanks to anyone willing to help/comment.
 


Just Blue

Senior Member
We live Missouri. (Ive tried looking on here through other peoples and haven't gotten information I need)

My stepson is 7. My husband and her have 50-50 custody. (Every other week with each parent) His Mother has decided to move to another city. She thinks that she gets to change his school without getting consent from the dad (my husband). The court documents say that they have joint legal custody - they have to agree on what school and on a change of school.

The school he currently goes to is out of district for us (his moms current district and same school he's gone to k-2). It is roughly a 14 minute drive for us. The school she wants to move him to would be a 40 minute drive (80 minute round trip then would have to do it again to pick him up from school or pay for after school program so my husband could pick him up after work but still VERY out of the way at least 20 minutes out of the way one way). The school she wants to move him to looks great, when I looked at what the registration process is - basically it is impossible for him to get in (most people are on waiting list for years). I pointed this out to her and she's like, "Oh I didn't read that page. Oh well I'm still moving to Nixa and putting him in a Nixa school." We asked what benefit there is to him going to a Nixa school and so far she hasn't answered.

The schools in Nixa are no better than the school he currently is in. It is also no better than the school in our district.

The mom also moves every year and rents. We own our home.

We need to be ready to file a Motion to block her move as soon as she decides to do so. (Per divorce papers) I've been trying to get a head start on this. I modified their original custody arrangement using the free court papers online, and filed them. (She was willing to agree to them - she didn't show up to court tho). I have tried looking everywhere for a Motion to block her move and even called the courts to check if there was one and what I've gotten from everything that there isn't one and somehow you have to "Follow the guildlines of a Motion" but I can't find guildlines of a motion to follow. The only options I can find online are the Motion to modify custody which doesn't give you an option to delete and write in your stuff, or an example of a motion for something completely different that someone posted on a different persons question but as I read through it I'm not sure what information I need to put on there....

Basically I'm looking to see if anyone can help or push me in the right direction or send me a link that helped the figure it out or tell me what information I need to put on there.... Or really anything.

Thank you to anyone who read this and a special thanks to anyone willing to help/comment.
Please, ask your husband to join so we may talk with him. It's much more effective for us to deal with the legal party.


You should read tis link. Thank you...



https://forum.freeadvice.com/threads/newbies-please-read-before-posting.387214/
 

adjusterjack

Senior Member
I didn't find a motion format for your husband to use but I did find information that might be of use to him.

First is an article from this site:

https://family-law.freeadvice.com/family-law/child_custody/custodial-parent-move-away.htm
It's not state specific so I don't know how helpful it will be to your husband.

Next is the Missouri relocation statute. Your husband really needs to study that carefully.

https://law.justia.com/codes/missouri/2018/title-xxx/chapter-452/section-452.377/
Another item from this site is a thread from 2017 on the same topic. Some links have been provided that may be of use to your husband.

https://forum.freeadvice.com/threads/missouri-motion-to-prevent-relocation-and-affidavit.634055/
Lastly, an appellate court decision explaining the statute:

https://scholar.google.com/scholar_case?case=14243117488062846119&q=allen+v+gatewood&hl=en&as_sdt=4,26
If all that doesn't help your husband figure out how to write the motion properly and how to get it filed within the deadline, then he seriously needs to get a lawyer.
 
Please, ask your husband to join so we may talk with him. It's much more effective for us to deal with the legal party.


You should read tis link. Thank you...



https://forum.freeadvice.com/threads/newbies-please-read-before-posting.387214/
My husband is reading this over my shoulder. He could join but what would end up happening is he would tell me to reply and respond. For the most part I understand all the legal stuff and then explain it to him and then he decides what he thinks he should do. (His original custody agreement, who he had a lawyer for, ended up very in her favor because the lawyer did not explain anything to him- I was not around for this)

Also I did not see the "You should read this before you post" before I posted, so I am sorry for any of those that I messed up.
 
I didn't find a motion format for your husband to use but I did find information that might be of use to him.

First is an article from this site:

https://family-law.freeadvice.com/family-law/child_custody/custodial-parent-move-away.htm
It's not state specific so I don't know how helpful it will be to your husband.

Next is the Missouri relocation statute. Your husband really needs to study that carefully.

https://law.justia.com/codes/missouri/2018/title-xxx/chapter-452/section-452.377/
Another item from this site is a thread from 2017 on the same topic. Some links have been provided that may be of use to your husband.

https://forum.freeadvice.com/threads/missouri-motion-to-prevent-relocation-and-affidavit.634055/
Lastly, an appellate court decision explaining the statute:

https://scholar.google.com/scholar_case?case=14243117488062846119&q=allen+v+gatewood&hl=en&as_sdt=4,26
If all that doesn't help your husband figure out how to write the motion properly and how to get it filed within the deadline, then he seriously needs to get a lawyer.
The first one looks pretty promising for some information. Second one is the same thing that is in the custody papers and trust me I have read it about a million times and know all the options, which is why I'm trying to figure out how to do the Motion to Block the move. The third one I read before I even signed up for this sight but it was kind of rough on actual help. Fourth one looks pretty promising as well but I'm going to have to spend some time reading it later. I'm a stay at home mom so I usually get the information and then convey it to my husband. Thank you for the helpful links!
 
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Read RSMo 452.377 at http://revisor.mo.gov. Hire an attorney.
I appreciate your opinion on getting an attorney and if money wasn't a problem then we would be going with that option - honestly we would have done that a long time ago. But until money isn't a problem or until I have decided that there is no way we can file the motion ourselves I will continue seeing if I can figure it out or asking for help.
 

adjusterjack

Senior Member
Check out Free Legal Aid in MO. It's a website. Might have something.

https://www.freelegalaid.com/nav/missouri/family-custody/article/child-custody-missouri
I don't know if this is the same outfit but several locations are listed:

https://www.justia.com/lawyers/family-law/missouri/legal-aid-and-pro-bono-services
Don't know if this duplicates the other links:

https://www.lsmo.org/
More:

http://missourilawyershelp.org/find-lawyer/discounted-pro-bono-services/
As a last resort, see if your city has a law library at the courthouse or at a nearby university. The Greene County Circuit Court in Springfield has one. 1010 N Boonville Ave.

That's all I know.
 

LdiJ

Senior Member
This is a very basic situation. Mom should not be able to change the child's school without the agreement of dad. Mom is free to move but she is the one who should have to deal with the hassle of getting the child back and forth to school in the original school district. The one problem is that the child might not be eligible to remain in the original school district if mom no longer lives there.

Dad truly needs a consult with a local attorney.
 

Ohiogal

Queen Bee
The first one looks pretty promising for some information. Second one is the same thing that is in the custody papers and trust me I have read it about a million times and know all the options, which is why I'm trying to figure out how to do the Motion to Block the move. The third one I read before I even signed up for this sight but it was kind of rough on actual help. Fourth one looks pretty promising as well but I'm going to have to spend some time reading it later. I'm a stay at home mom so I usually get the information and then convey it to my husband. Thank you for the helpful links!
YOU cannot do the Motion to Block the move. YOU legally would be breaking the law if you did. STEP WAY BACK.
 
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