Mother wants to take child to another state,Father wants child to stay in the home state.

Ill be in the same boat soon when my son's mom tries to move out of country. i would fire your lawer and find another, perhaps in a different county since the judge in your county like to sit on his hands. i would find one that fights for fathers rights. they know alot more on what to do when they specialize. in the least, got in the face of your current att. and tell him to be up front. after all you are paying him. he is working on your behalf. keeping info from you i believe would get him into trouble.

I have released my attorney and am now looking for another attorney.I would really like to make the mother stay in the state of Missouri or change custody to me if she insist on moving out of state.I want our daughter to have both parents in her life.Not just her Mother.

As much as I hate for two adults to use a child as a pawn because they can't get along, i would say, yes you can file a contempt charge but since Illinois is a "mother first" state or so it seems, chances are they won't do anything to enforce a Missouri request. If you are paying support, you might suggest to the court that you will put future support payments in a court held account and that mom doesn't get anything until she returns to face the charge. Remember she thumbed her nose at the court not you.

You have very limited options. You can claim a substatial change in circumnstances and ask for a change in custody. But Missouri is one of the state that allow relocation , if the relocating parent can prove that it is in the best inerest of the child; you have ot prove the opposite.

The Missouri Supreme Court in 2001 cast aside the decade-old four-point test for determining if relocation of a child's principal residence will be allowed.

In Stowe v. Spence, 41 S. W. 3d 468 (Mo. 2001), the Court said that the 1998 revisions to the statute gave us a new test, which has 3 points:

(a) is relocation in the child's best interests;

(b) is it made in good faith; and, if ordered,

(c) does relocation follow the mandate of the statute (regarding change in parenting plan and what must be contemplated by the change in parenting plan).
The Court has granted transfer in a WD Court of Appeals (Kansas City) case, Kelling v. Kelling, possibly for remand in light of the Court's decision in Stowe.

Relocation has been a hot issue in Missouri for the last decade, and the Court's brief opinion in Stowe doesn't exactly tell atty's as much as we would like to hear regarding how trial courts are to decide the cases they are considering. However, all trial counsel should review their pending cases.

In 2001 the Western District case follows the announced standard in determining relocation. In that case, Romanetto v. Romanetto, , the Western District Court of appeals affirmed a Macon County decision allowing relocation. The language in the case is quite favorable on the issue of "good faith" reason for moving and seems to tie those "good faith" reasons into the second prong, that is, "best interests", where the custodial parent has performed the role of "custodial parent" to the child's benefit.

attorney M. Corinne Corley won an appeal of a case transferring custody from a custodial dad to a noncustodial mom. The Court of Appeals reversed the transfer of custody, and remanded for a retrial to determine if relocation should be allowed.

The Missouri Court of Appeals applied this statutory provison in In re Marriage of Lowe, 860 S.W.2d 813 (Mo. Ct. App. 1993). The mother as primary physical custodian moved with the child to Minnesota, where her new husband had accepted employment, and then sought approval from the Missouri court. The father sought a custody transfer. The court of appeals first noted that statute 452.411 rendered the mother's move a changed circumstance as a matter of law. Thus, the trial court was permitted to modify custody if it determined modification to be in the child's best interests. The court then held that ample evidence supported the trial court's finding that a transfer of primary custody to the father would serve the child's best interests. The trial court had based its finding on the "uprooting" effect of the move on the child and a general deterioration in the mother-child relationship. The trial court had also found that the move was made, at least in part, to frustrate the father's relationship with the child. See also Rowland v. Kingman, 629 A.2d 613 (Me. 1993) (applying statutory provision that parent's relocation out of state is changed circumstance as matter of law; court affirmed order transferring primary physical custody to father if mother moved to Oregon), cert. denied, 144 S. Ct. 884 (1994). Though state courts are not compelled to follow other states, it is the legal notion that is improtant in your pleadings.
Custody Modification Motions
As I noted above, in many cases involving a relocation or proposed relocation by the custodial parent, the noncustodian may seek a transfer of custody of the children. This relief may be souhgt in addition to, or instead of, an order requiring the custodial parent to remain in the state.

Changed Circumstances Standard.
This is where you might have your best shot. Most states (inlcuding Mo.) apply the traditional "changed-circumstances" test for custody modification to decide custody modification motions based on the other parent's relocation. In its usual formulation, this test permits custody modification upon a showing by the requesting party that
(1) circumstances affecting the child have changed substantially since the prior order, and
(2) the proposed modification is in the child's best interests.
See generally 2 H. Clark, The Law of Domestic Relations in the United States ( 20.9 (2d ed. 1987); 2 J. Atkinson, Modern Child Custody Practice  9.05 (1986 & Supp. 1995). ( that is what is called looking it uo in the treatise)

see also Me. Rev. Stat. Ann. tit. 19-A, 1657 (2004); Mo. Ann. Stat. 452.411 (2004). In other jurisdictions, the courts have adopted this rule even in the absence of any statutory authority.

Regardless of whether this rule has been adopted by the courts or by statute, parties seeking a transfer of custody are still not excused from showing that the requested transfer is in the best interests of the child. In Weaver v. Kelling, 53 S.W.3d 610 (Mo. Ct. App. 2001), the mother's out-of-state relocation served as a material change in circumstances. However, the court found that the father failed to prove that transferring custody of the parties' children to him was in their best interests and, therefore, denied his petition. This is where you may fail, dpending on your circumstances.
Finally, how has this move impacted your "parenting agrement" , visitation? How did the court handle the changes in visitation? who is going to pay?

You didn't mention why she moved ,w hich is crucial to your case.


Oh, and for gosh sakes, do not alienate the very court you are asking for favor from, by showing contempt and not paying the court ordered cild support, courts don't like scofflaws, which somoe needs to draw to the attention of the court , that your former wife moved during the stay.

if one has a real custody battle going on, you need attys that limit their practice to domestic law, and a firm rather than a small partnership; yep they cost more, but you pay for what you get, most general practice atty detest the conlfict that comes from custody battles and their advicay suffers.

This answer was edited by SRDEsq 78 days ago.

Reason: addtl information

Thanks for the help so far.Very helpfull.More info on this case. My X moved because she was Fired from her last 2 employers.She moved back to her home town so she can live with her mother and father for FREE. My X is driving 150 miles each way to bring me my daughter on my visitation periods.I have refused to agree to drive half way.Mother has made all visitation periods so far.The next court date is in October so she still has alot of driving left untill that date.I have never been late on my support payments.I have taken my daughter EVERY visitation period that is every Wed overnight and every other weekend Fri 5pm to Sun 5pm.I have taken extra time that her mother has offerd.I have changed hundreds of my daughters diapers and I take care of her 100% when she is with me .I have went to the ER Room,Dr.Visits drop off and pick up at daycare.I have had my daughter for 7days in a row all overnights buy my self without any contact with her mother for the whole 7 days.I beleave that I am a good father and love being with my daughter.My X wants to go back to school and that would mean her mother and father razing our daughter.I feel that its my and her mothers job to raze our daughter.Not her parents job.

I really think you should attempt a custodial care order. with visitation for the mother. The stricter states have found that moving without ocurt permission is tantaomount to fleeing with teh child and a basis for custody modification. You have an attorney I assume. One good tactic is to have a very FAIR new parenting plan ready to present to the court. with oyu a residential parent.
I apolgize for not getting back to you sooner, somehow your response got lost in my mailbox (over whelmed is a better word)
I applaud you for being a real daddy . that child need your work ethic and high standards, you have much to teach her. evidently her mother is troubled. decades of this type of involement has given me a touch of second sight , and I can picture the chidl as an adult after being raised by her mother and picture her after being raised by you. true I have only one side of the story, but facts are facts.
in addition, peopel that have no respect for the process andproceed on without regard to court proceedings do not find favor in my court, evidently your judge has no pride in his courtroom, of he woudl surely be disturbed at her behavior. When you get a new atty , see if you can get a new court.