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ma'amintx

Guest
What is the name of your state? mo. can newly divorced daughter move with her children out of state if her ex agrees. does she have to go to court again or can she just have him sign an agreement?
 


Whyte Noise

Senior Member
I take it the "newly divorced daughter" has custody. Her divorce decree should have this written into it, as the Missouri Statutes indicate:

" After August 28, 1998, every court order establishing or modifying custody or visitation shall include the following language: "Absent exigent circumstances as determined by a court with jurisdiction, you, as a party to this action, are ordered to notify, in writing by certified mail, return receipt requested, and at least sixty days prior to the proposed relocation, each party to this action of any proposed relocation of the principal residence of the child, including the following information:

(1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city;

(2) The home telephone number of the new residence, if known;

(3) The date of the intended move or proposed relocation;

(4) A brief statement of the specific reasons for the proposed relocation of the child; and

(5) A proposal for a revised schedule of custody or visitation with the child.

Your obligation to provide this information to each party continues as long as you or any other party by virtue of this order is entitled to custody of a child covered by this order. Your failure to obey the order of this court regarding the proposed relocation may result in further litigation to enforce such order, including contempt of court. In addition, your failure to notify a party of a relocation of the child may be considered in a proceeding to modify custody or visitation with the child. Reasonable costs and attorney fees may be assessed against you if you fail to give the required notice.".

Even if it's NOT written in, (and it is supposed to be) she has to follow the above procedures. The statute is RSMo 452.377, and you can read it in it's entirety here:

http://www.moga.state.mo.us/statutes/C400-499/4520377.HTM
 

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