What can I do to protect myself if my ex-wife wishes to move?

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What can I do to protect myself if my ex-wife wishes to move?

My wife has asked for a divorce. We can agree on most things, so were going to go through an uncontested divorce to avoid the legal battle, etc. We agree on joint legal custody of our 2 sons, with physical custody being 1 week with me, 1 with her, etc. She has family but 3 hours away, and she says she has no plans to move back there. If she did decide to move away but within the same state, what are my custody rights with this arrangement? Is there a way to protect myself when preparing the court forms for an uncontested divorce?

Asked on August 16, 2011 Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The best way that you can protect yourself is to consult with an attorney on this matter.  Even if you do not retain one for the divorce please consult one about the law in Missouri regarding this issue.  Generally speaking the courts will allow parties to agree not to move but for a certain amount of miles i.e., within 50 or 100 miles.  If you are close to state lines you may want to restrict that. The reason being that it can not be a strain on the parents to see their children and to have visitation.  So it needs to be written in the agreement.  If your state requires a parenting plan there are a bunch of other issues that need to be dealt with like decision making and support.  Please get help.  Good luck.  


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