relocation and custody

[jl1775]

Jurisdiction

Missouri

I gave my ex-husband notice about my intent to move. He hasn't seen our children in four years and I am not worried about the judge preventing my move. However, I would like to know the timeline. According to what I've read, he has 30 days to file to contest the move. If he files after the 30 days will the court take his request into consideration or is the 30 day timeline firm?

 

[army judge]

I gave my ex-husband notice about my intent to move. He hasn't seen our children in four years and I am not worried about the judge preventing my move. However, I would like to know the timeline. According to what I've read, he has 30 days to file to contest the move. If he files after the 30 days will the court take his request into consideration or is the 30 day timeline firm?

As in most legal answers, assuming your 30 day reference is accurate, it depends.
Read your existing custody order or divorce decree.
If no such order exists, you need not give notice to the daddy.
If such an order exists, it is controlling until one or both of you return to court and seek a modification.

 

[mouthyhousewife]

If he doesn't file within the 30 day objection period you will be granted an order to relocate. If he files after that, they may still make a court date and he'll have to show good cause as to why he didn't file within the 30 day period. If he has good cause they may allow his objection and investigate the situation. If you have proof that he has been our of the picture for 4 years, that will work to your advantage and likely you will still be granted the relocation.