What doI have to do to be able to move my son with me fromone state to anotherduring separation?

Asked on October 31, 2011 under Family Law, Missouri


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are not legally separated (i.e., you don't have a court judgment outlining the separation agreement or interim custody and visitation agreement), you need to understand you have custody just as much as your spouse. So there really should not be an issue. If you wish to move to another state because of employment or family support, do so and consult with an attorney about filing for legal separation and divorce. This way, you separate assets and you can begin to obtain residency in another location and have your child in school and stable. If the court begins this action after you move, there is not much a court can do to force you to move back but through counsel you can probably come up with an applicable visitation school.

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