Full question:
My current husband has joined the army and we are supposed to move to Louisiana. However, I have a son from a previous relationship and the divorce decree stated that I am not supposed to leave state of Missouri. What can I do and what help can I get to legally move with him?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Missouri
Answer:
When a custodial parent wants to move away with their children, this is known as a move-away case. These cases can be complex, as they often affect the non-custodial parent's visitation rights. Different jurisdictions have varying rules regarding these cases. In some states, the law may favor the custodial parent, allowing them to move unless the non-custodial parent can show that the move is in bad faith or harmful to the child. In these cases, it is presumed that if the move benefits the custodial parent, it also benefits the child.
In other jurisdictions, the custodial parent must demonstrate that the move is in good faith and serves the child's best interests. This can involve showing that the move is necessary or beneficial for the child. Overall, the outcome of move-away cases can significantly impact the relationship between the child and the non-custodial parent.
In Missouri, the Supreme Court established a three-part test for determining if a relocation is permissible: (a) Is the relocation in the child's best interests? (b) Is it made in good faith? (c) If ordered, does it comply with statutory requirements regarding changes to the parenting plan? (Stowe v. Spence, 41 S.W.3d 468 (Mo. 2001)).
It is advisable to consult with an attorney to understand your options and the likelihood of success in your specific situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.