Moving from principal residence

[Jvance43]

What is the name of your state?What is the name of your state? Missouri
My divorce was heard 26 May, 2004. The Judge signed it on 10 June, 2004. The X wife now wants to move the kids to a different school district. She had been on HUD, but got a letter from them that she had not been reporting all income in the house and wasn't reporting the boyfriend living with her. She says there will be a hearing with HUD.
In our final divorce papers, the relocation of the children residence clause is not there as I thought was a State Law that it be in all final papers! But, it's not there.
Because of the HUD mess she has gotten herself into, she called me on the phone and said she is moving to her boyfriend's friends house. This house is in a different school district. The kids have made straight A's every year since Kindergarten in the school they are in now. Also, in the home where she will move to there will be: The owner of the home, his son age 11, a friend (male adult) and another son of the owner (age 17 also male) then the X and her boyfriend and the 3 girls. This is a 3 bedroom mobile home. Where will my 3 daughters sleep? I have serious problems with her moving the kids into the man's house of the owner, as he is a known meth user and cooks it in the home
In the final decree, we both have 50/50 legal and physical custody. The only thing in the decree I can find is a clause regarding "Dispute Resolution's" is where it says if we can't agree we have to do "mediation". Xwife says she is moving and flat refuses to go into mediation. The move is happening this week.
I can't get a call back from my attorney. How do I stop this? Is it a law even if they failed to get the relocation clause into the final decree?

 

[Whyte Noise]

Yes, it is. Even if it's not in the decree. You might want to inform her that custody has even been reversed in Missouri because of the CP not informing the NCP of a move.

Initiate the mediation process. If she refuses, then she could be found in contempt of the order.

You can also file to stop the move even though she didn't notify you in writing as states in the statute.

 

[Jvance43]

Thank you Missouri Gal

I talked to my attorney yesterday afternoon and he told me the same thing! He was the lawyer I used to get my 50/50 custody, but has been on vacation. He said that even though it is not in the final decree, it is a Missouri State Law, and the X has to give me 60 day written notice before she can move the kids even across the street. He told me to just wait and if she does move without this written notice, he will file a Modification of custody and I will win custody. I really don't want it to come to this. I mean, she is the mother and the kids love her dearly, as she does love the kids. She just thinks she alone own's the kids, and I have no say in their lives. I do think she cares more for her own wants and needs before the kids, and the people she decides to move into the home with the kids come before the kids. Her live in boyfriend is a felon and has spent 2 years in the pen, has 11 DWI and driving while revoked on his record as well as assult on a person and property damage.
I really don't want the kids moving in with a guy that cooks Meth in the home where my girls will be living. I, unlike the X think the kids have 2 parents, not 1. I really don't want to take the kids away from the mother, I just want her to be a real mom and put them first.
Thanks so much for your reply, and you were 100 % right in the advice you gave me.