bdrake23

Moving during litigation

5 posts in this topic

I have a somewhat unique situation and wanted clarification.  My daughter and I currently reside in Missouri and this is where litigation has started.  Her father lives in California.  I'm wanting to move with my daughter to Washington state, but her father thinks it will mean all our court stuff will be changed and end up taking longer.  Our move will actually bring us closer to her father.  Our court date is set for September and we're first on the list to be seen.  It's my understanding that even if I were to move today Missouri would still be my daughter's state of residence, since it's where she has resided for the last six months.  Is that correct?  I've tried to explain to the father that nothing will change with the court process.  We aren't going to have to start over.  Maybe if he hears it from an actual attorney or someone who knows more about this he will listen.  Thanks for any and all help!

Share this post


Link to post
Share on other sites

Do you realize that your post gives us no idea what "court process" you are referring to. I don't believe anyone who practices in Missouri participates here.  So, I doubt you will get any input from "someone who knows more about this" (whatever "this" is).

Share this post


Link to post
Share on other sites

So sorry.  I didn't realize I left that out.  I thought it was obvious considering what board I posted to and didn't stop to think about all the details.  It's a custody case that's been going on for about a year and a half.  I know each state has different laws, but I thought when it came to what state is considered the "home state" or what state has jurisdiction that it was the same across all states.  What I wanted clarification on was whether or not jurisdiction would change if I moved.  I don't believe it will- again, based on what I know about "home state" and the fact that litigation has already started in Missouri.  I just wanted to make sure I was correct in that, since the other party doesn't believe anything I say.  

Share this post


Link to post
Share on other sites
On 4/15/2017 at 9:33 AM, bdrake23 said:

Maybe if he hears it from an actual attorney or someone who knows more about this he will listen.

 

Maybe so, but how will posting on an internet message board accomplish that?  Are you going to tell him, "Hey, 'RetiredinVA' and 'pg1067' said it's ok"?  Everyone here is anonymous and, as far as I know, no one who posts here regularly is in Missouri.

 

As for the question, "state of residence" isn't the issue.  It's unlikely that the move you mentioned would result in the Missouri court unilaterally dismissing the case, but the best source of information about this is a family law attorney in Missouri.

 

More importantly, it is likely that, while the case is pending, you are prohibited from leaving the state with the child without the other parent's written consent or a court order.  Again, you need to speak with a local family law attorney.

Share this post


Link to post
Share on other sites

I see an entirely different problem.  If you are addressing custody, visitation and/or child support, why do it in a state neither of you will live in?  It just creates problems of enforcement down the road if either side wants to modify any part of the order.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now