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Can an ex wife of a father that has "Sole Legal Custody" have my child living with her, when they are in a different state?

Kansas City, MO |

The State Law Question I am asking is Missouri. I and father reside here now. But the case was in Kansas where we used to live, where we did live when this happened. We where never married.

Hello I am a mother seeking advice. I lost visitation rights. But, not parental rights. What at are my right's to my daughter? My daughter is 7 year's old as of today. She was given to her father "Sole legal custody" in 2010.

I have been trying many times to contact or stay in my daughters life by emailing her father VIA facebook, Calling and contacting his family. He has blocked my original facebook account. I had to make another to attempt to continue contacting being part of daughters life,most his stuff is set to friends only which means I don't get to see photo's of her etc. His family refuses to give me his new phone number or any info about my daughter.

It has been four year's since I have seen my daughter through supervised visits through Social Services. This was before he got granted "Sole Custody".

Also, my daughter lives with his ex wife, which the case was opened in Kansas, I was a resident in during the custody battle, as well as my daughters father. He resides in Missouri now, and so do I.

But my daughter lives with his ex wife, yes she goes to school in Kansas, which I don't mind that she goes to school there I do believe Kansas schools are wonderful. But, the fact is he has custody she his ex wife does not but shes providing more than him and always around my daughter. This lady is also re-married or close to it. Noted from her FB.

I found her FB and saw photo's of my daughter it took me this long to find his ex wife as he didn't have her on his friends list for awhile. And I didn't know her last name (maiden).

She posts my daughter's photos as her daughter! And of coarse I found out my daughter was living with her that way. I know in the past SRS has noted that before all this happened that my daughter was always with her fathers mother or her fathers grandparents. So he was rarely around. So this doesn't surprise me.

Here are some questions:

What are my rights as a mother? Can I still go to her school and see her there? Or have copies of her school records (get them)? Do I still have rights to have contact with her? Updates on how she is? (Theres nothing on the court order saying I can't).

Is what her father and ex doing illegal (daughter living with his ex wife)? Not him when it is ordered that he has custody not her? Is she allowed to sign as her parent when she isn't my daughters mother?
Are the allowed to let a child at the age of 6 to fly on a plane out of state alone without my consent? I have the birth certificate unfortunately its the original and her dad is not listed as he didn't want to be her father til he knew she was his (DNA). But in court they changed my daughters last name to his since her last name was under my madine name. And I got married.

Is there any way his ex wife could have had her name put as mother on the birth certificate without my knowledge?

Attorney Answers 2


very difficult but well worded question. Your instincts are correct, my best advice is to work with a local attny and he or she will help you, take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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I have but the fee's are super high and I cannot afford one having my child support garnished. I am hoping to get someone to take my case with payment options or an legal aid help. I was just wondering if she could be able to do this legally?


That's a lot to digest but to sum it up to try to help you, get a local attorney that does custody work and file to modify.

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