My ex and I have been divorced since february. We had settled on a parenting plan and did our divorce pro-se. Since then my ex has failed to maintain the parenting plan and is being taken to court by the state of kansas for unpaid child support. He lives in missouri now and has had no contact with our child in a month in a half. However, our parenting plan allows him to take her every friday. I want to know if he is even allowed to take our child out of the state of kansas and if so will my custody order be up held in missouri?
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inter-state custody
- Thread Starter jodilyn
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It does not address it directly it does address relocation to another state. It says that he should have notified me certified mail 30 days in advance. I just don't want him to decide to come pick her up whenever he feels like it. And I know that his son, my ex step son had a custody agreement in kansas. His mom moved to ne and when she took her vaca time she didn't bring him back and they said that the kansas court order didn't mean anything there.
I have to apologize, as I think I made a mistake. Sorry.
After reading more about the UCCJEA and the UCCJA, I found that MO is not a member of the UCCJEA. Unfortunately, it seems that the UCCJA does not provide the kind of protection to home state custody orders that the UCCJEA does. So, whether or not MO will honor the Kansas orders depends on Missouri's interpretation/application of the UCCJA. In other words, it MAY be possible that MO will assert jurisdiction over your daughter if your ex fails to return her.
I am surprised that NE failed to honor the Kansas order, unless your ex waited quite a while to try to get his son back or there was a good reason to award the mother emergency temporary custody.
You might try filing contempt because he didn't notify you prior to moving, but I think you should really consult with an attorney.
Good luck, and again, I'm sorry. :blush
After reading more about the UCCJEA and the UCCJA, I found that MO is not a member of the UCCJEA. Unfortunately, it seems that the UCCJA does not provide the kind of protection to home state custody orders that the UCCJEA does. So, whether or not MO will honor the Kansas orders depends on Missouri's interpretation/application of the UCCJA. In other words, it MAY be possible that MO will assert jurisdiction over your daughter if your ex fails to return her.
I am surprised that NE failed to honor the Kansas order, unless your ex waited quite a while to try to get his son back or there was a good reason to award the mother emergency temporary custody.
You might try filing contempt because he didn't notify you prior to moving, but I think you should really consult with an attorney.
Good luck, and again, I'm sorry. :blush
Thanks for the advice. I did get some attoney and he adviced me to just tell him he couldn't come get her, but still make her available at his pick up time. Of course, as usual he did not come and get her! Not really a shock, but I did arrange for mediation and turned out that he agreed to wait until then to continue with our current orders, so I don't think I will have to may problems if all it takes is me telling him no.
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