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View Full Version : How to file to move out of state Missouri?


ahead08
Apr 8, 2011, 08:52 AM
I live in Mo and my ex husband pays no support. But has visitation every other weekend. I want to move to SC with my new husband for job reasons more money to give my kids a better life. Can I if I give him a 60 day notice without all the time in court? We have joint legal custody and I have sole physical custody

JudyKayTee
Apr 8, 2011, 09:08 AM
You need the Court's permission to move. It will, of course, change the visitation arrangements.

If your "ex" doesn't pay support but is ordered to do so, go back to Court to hold him in contempt. If he's not ordered to pay support... why?

Support and visitation/custody are two different things, of course. One does not hinge on the other.

ahead08
Apr 8, 2011, 09:22 AM
OK thank you for your answer. He is suppose to pay 190 for each of the girls a month and has not. We have been divorced for over 3 yrs now and I have seen nothing. Even asked him to help with just a new pair of shoes for school and he informed me that he couldn't afford it. When discussions of the unpaid child support comes up, he tells my girls that mom is going to have him put in jail. Making me out to be the bad one. They cry and plea that I don't take this back to court, because they don't want to see their father in jail for back support. In the divorce everything was in my name including credit cards that he ran up in the 30,000 range that I got stuck with. I can't afford a atty right now. It just seems after 8 yrs of abuse I have no hope to ever be happy again. And instead have to let my husband now that support my children, is more of a father in time spent with them, move away and I'm stuck here in MO

JudyKayTee
Apr 8, 2011, 09:24 AM
You're not stuck - you need to go to Court and tell the Judge what you've told me.

ahead08
Apr 8, 2011, 09:25 AM
Oh I should also let you know when saying the girls I mean 2. and he is on disability but works under the table, plus works the 30 hours the lotted by SSI

ahead08
Apr 8, 2011, 09:39 AM
Thanks Judy, lol your giving me some hope. I've been researching and the only thing I can find on the matter is this. Which is all confusing to me. The relocation is not to hurt there father and will be very welling to work out summer with him and we both pay for travel half way.
Section 452.377 of the Missouri Statutes sets forth the statutory procedure which must be followed when a parent seeks to relocate the residence of the child. The statute does not distinguish between relocation outside the state and intrastate moves. Therefore, the procedure for relocation must be followed any time a parent seeks to change the child's principal residence, even if that change is within the same city or metropolitan area.
The statute requires the parent seeking to relocate the child to give 60 days' advance notice of the proposed move to the other parent. The notice must be given via certified mail to the last known address of the other parent. Unless otherwise excused by the court, the notice must contain:
The intended new residence, including the specific address and mailing address, if known, and if not known, the city.
The home telephone number of the new residence, if known.
The date of the intended move or proposed relocation.
A brief statement of the specific reasons for the proposed relocation of a child, if applicable.
A proposal for a revised schedule of custody or visitation with the child, if applicable.
Once notice is given, the burden falls upon the receiving parent to file a motion opposing relocation within 30 days following receipt of the notice. Failure to give adequate notice may result in imposition of attorney fees and costs, may subject the relocating parent to an order requiring return of the child to the jurisdiction of the court and may be a factor in determining whether custody and visitation should be modified.

JudyKayTee
Apr 8, 2011, 09:48 AM
I didn't know where you are - yes, this appears to be the accurate Statute, the Statute which you must follow.

ahead08
Apr 8, 2011, 09:55 AM
I'm in Missouri

ahead08
Apr 8, 2011, 10:01 AM
http://www.stlouis-divorce.com/relocation.html is where I found the info from

cdad
Apr 8, 2011, 11:56 AM
ive been researching and the only thing i can find on the matter is this. which is all confusing to me. the relocation is not to hurt there father and will be very welling to work out summer with him and we both pay for travel half way.


This part is confusing. Since you are the moving parent what makes you think the father should pay any aditional expenses for travel? You should offer to pay the entire tab.

ahead08
Apr 8, 2011, 04:01 PM
Because he pays for nothing and is over 13,680 + owed for support to his kids, that I have not went after. He carries no Ins. On them. We do.. he pays for nothing like school clothing, supplies, not even a gal of milk. We are trying to better there life. My girls go over to his home and are forced to clean, cook, and take care of him. They don't want to go but its his time so they have to because they are only 8 and 11. Afraid they will be hit if they speak back to them. So what make me think he shouldn't ? I've have tried to be the better person and not, nor speak badly of him. But have bent over backwards for my kids and let things slide like him calling them little witches. But with a b.