Can my ex move our child out of state if I have joint custody?

mens divorce lawyer William BackerQuestion:

Can my ex-wife legally take my daughter and move out of state if we have joint legal custody?


Missouri law requires your ex-wife to give you written notice of her intent to relocate.  The notice is required to include specific information, if applicable, including the intended new address, telephone number, date of the intended move, and a brief statement of the reasons for the move along with a proposal for a revised custody or visitation schedule.

If you do not file a motion to object to the proposed relocation, your ex-wife may then relocate the residence of the child.

If you want to object to the proposed relocation, you would have to submit an affidavit to the court stating your specific reasons why the court should not allow the proposed relocation. The court would consider the proposed relocation and make a determination as to what is in the best interests of the child.

You should consult with an attorney who is experienced in domestic litigation to discuss the specific requirements for your situation.

There are specific requirements which must be followed, as well as specific deadlines and which you must comply with in order to prevent the relocation.

Cordell & Cordell has men’s divorce lawyers in 18 states.


William F. Backer is an Associate Attorney in the Arnold, Missouri office of Cordell & Cordell where he practices domestic relations exclusively. Mr. Backer is licensed in the State of Missouri. Mr. Backer received his Bachelor of Science degree in Business Administration, with emphasis in Accounting, from the University of Missouri – St. Louis. He then went on to receive his Juris Doctor from Saint Louis University School of Law in 1999.

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