Can I leave state temporarily?

Question

I have had physical custody of my children, alone, for 9 months. Their father and I were never married, but were together 7 years (without commonlaw). We have a pending custody case. I want to help my mother who just lost my father. I would like to leave state for 5-6 months. Can I do this? I have been calling my lawyer all day and she has not returned my calls yet.

Our court case is in a year and he wants to make thngs hard and not allow me to help my family.

He has no custody. He has not even "verified" that he is their father. Also, there is no visitation yet. The case has not even started.

I live in Missouri.

Answer 1

You will have to have the Judges permission or it can be used against you as kidnapping. Unbelievable I know!!!

Answer 2

First, because you have a pending custody case and were not married, there will also be a paternity case before the custody can be heard.

Secondly, if you had asked this question BEFORE filing for custody, the answer would have been simple; YES you can go. However, to specifically answer your question I would need to know the state in which the custody hearing is to be held.

Relocation is a very sensitive subject to every court where I have practiced and I don't take such an answer lightly.

EDIT TO INCLUDE:

Now that you have divulged the state as Missouri I can tell you that if you do move, even for a short 5 to 6 months, you not only face a contempt citation (civil contempt up to and including criminal contempt) but also a good chance of losing custody.

Change of residence- "another state,"--
within meaning of Missouri statute Sec. 452.411
RSMo 1986 which provides that if either parent changes residence to "another state," such change of residence shall be deemed change of circumstance allowing modification of prior custody decree, does not mean only states other than Missouri, but also includes Missouri. LaFon v. LaFon, 811 SW 2d 360 (Mo banc. 1991).

This is what the statues are for Missouri:Section 452.377 creates new notice requirement before moving a child's permanent residence and requires a parent objecting to the move to file a motion seeking to prevent it.

Relocation is defined as "a change in the principal residence of a child for a period of 90 days or more, but does not include a temporary absence from the principal residence". Significantly, this applies to any permanent move, not just moves outside of Missouri as in the current law.

A parent must now notify the other parent and any party with visitation or custody rights in writing, return receipt requested, 60 days before a move. If there are exigent circumstances, the court can allow a shorter notice time.

The notice must include: 1) the intended residence and mailing address and, if these are not known, the city; 2) the home telephone number of the new residence; 3) the date of the intended move; and 4) if the move is of a child's residence, a statement of the reasons for the relocation and a proposed revised custody or visitation schedule.

The court can limit the disclosure of this information if the health or safety of a child or the parent would be unreasonably at risk by such notice. To make sure that every party understands this duty, each order regarding custody or visitation must contain specific language.11

The other parent who objects to the move must file a motion specifying the reasons for opposition to the move within 30 days of receiving the notice. A party who objects in good faith shall not be ordered to pay the other parent's attorney fees. If no opposing motion is filed, the parent can move without court order.

If the parties agree to revisions in custody or visitation necessitated by a move, they may submit it to the court with an affidavit signed by all parties and the court may enter a revised order without a hearing.

The move will be allowed if the parent seeking to relocate the child proves that it is in the child's best interest. The new language of § 452.405 may add an additional burden in that it states that the legal custodian shall not exercise legal custody in such a way as to significantly and detrimentally impact the other parent's visitation or custody rights.

Almost any move of significant distance would have this impact. If the court grants a move, the judge must order revised contact with the nonrelocating parent, including telephone access, how transportation costs shall be allocated, and shall also adjust the child support as appropriate considering the transportation costs.

The moment you file for divorce, custody, visitation, or any other family law matter regarding the child, you fall under the jurisdiction of the court. Therefore, you need to consult with your attorney as to when the petition is required to be filed.

FURTHERMORE:

As I have already informed one responder here, telling you to go ahead and move because he 'won't know' is inviting you to not only commit a crime (look under parental kidnapping statutes of Missouri and The Uniform Child Custody Jurisdiction and Enforcement Act ) but also civil and criminal contempt citations.

Also, another suggestion of a notorized agreement is worthless. You and the baby's father are no longer in control of the child. You handed that duty over to the court when you filed for custody. As noted many times before, an agreement between the parents that circumvents the law is void on its face and non enforceable.

Only the court can give you permission to move (even for a short time) now and I have outlined the procedures above.

Answer 3

If he is not visiting the children, how will he even know you took a trip? Just go, what is he going to do, call 911, report them missing? You have custody. Every time you call your lawyer it costs you money. It isn't like you can file a notice of relocation, you aren't relocating. Or ARE you?

I am not an attorney. My husband is, but this is not his advice.

Answer 4

you have sole physical custody, but how about legal custody? is it joint legal or sole legal? physical custody means that your children just live with you, not him, but you have to take into consideration if there's a joint legal custody, which means that you do need to ask for permission from the father...my adive to you is to wait and talk to your attorney, just because 6 months is a long time specially if he has visitation rights.

Answer 5

you may continually ask if repayment is available for the commute , yet purely soliciting for it to be could seem pushy. Inquire no count number if that's available. Given the housing industry , it could desire to be an prolonged time in the previous the relatives joined you and could desire to be very annoying to your spouse , attempting to look after 2 babies via herself. it could desire to be better to plot on you being there a month to shelter new housing, then if the previous one would not sell , attempt for a deed in lieu of foreclosures. Too long aside isn't stable , many militia families smash up over it.

Answer 6

You definitely need to get a lawyer's opinion. If your present one does not wish to be disturbed, assuming she is really available, find someone who is. It seems that you have a pending trial that requires your presence. Under the circumstances, your request seems reasonable, but your lawyer is the one to advise you - not someone from Yahoo!

Answer 7

they wont let you do it because in the eyes of the law it'll make it seem like you are bailing you need to leave your kid(s) behind or wait until everything is settled

Answer 8

well if he agrees to it and you get a notorized statement form him then ya if not you need to go through your lawyer

Answer 9

wait until your lawyer calls.