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My ex wants to move my children out of state, do I have to hire an attorney to stop her?

Kansas City, KS |

My ex wants to relocate my children from Kansas to Arizona. We currently have a joint legal custody agreement but I have been told to stop her from moving out of state I must hire an attorney. Our custody order is out of the state of Missouri. I cannot afford the high fees of paying an attorney but I also do not want to lose my children. I am active in my children's lives, I pay my child support and see no reason why i should not have the right to see my children in accordance with my custody agreement just because she wants a fresh start and i cannot afford an attorney. Please give me some advice on what do to. I love my children and want to remain an active part of their lives

Attorney Answers 1

Posted

Based on your brief description of the circumstances, it would be wise for you to consult an attorney to help you. Under the Uniform Child Custody Jurisdiction and Enforcement Act, if your original custody orders issued out of a Missouri court, then the Missouri court retains continuing jurisdiction over custody issues. There are some exceptions, but it is unclear based on the information you have provided whether the exceptions applyh in your case.

In any event, the children's mother, irrespective of whether the custody decree is enforced in Missouri or in Kansas, would, in most cases, be required to notify you well in advance of her intended move out of state. Once she does, you can file an objection to relocation in the court that has jurisdiction over ongoing custody matters. The court will examine a host of factors to determine whether the custodial parent should be allowed to relocate out of state with the children, or whether a modification of the original custody orders is warranted.

Again, you would likely want to consult an attorney regarding your specific circumstances. If you have already received notice of the custodial parent's intent to relocate, you will want to consult an attorney right away, because in many cases there is a time limit for you to file your objection to the relocation; if you do not file within a certain amount of time, then you may have waived your objections to the move.

DISCLAIMER: The foregoing information is not intended to create an attorney-client relationship, nor is it intended as advice to your or any reader's specific set of circumstances. Rather, it is intended to provide information regarding a general set of circumstances. You or anyone reading the foregoing answer and information should consult with an attorney regarding your specific situation.

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