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  #1  
Old 10-28-2009, 06:10 PM
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Join Date: Oct 2009
Posts: 2
need some help with visitations

me and my ex have joint physcal custody but i have legal custody when we went threw court it was in the state of missouri saying that on her parenting time she would pick up the child at the start of her time and at the end i would pick up the child well sence then she has moved out of state and didnt give the courts notice so we could get new paper. it says that she can take the child out of state if i get the address where she is going. but does that mean i have to drive 3 hours out of state to get the child cuss she will not bring her back. also if i do let her go and she will not return the child what opions do i have all help would be great. she is saying that she will have me arrested if i dont let the child go out of state with her and get me for contempt of court
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  #2  
Old 10-28-2009, 06:39 PM
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The original paperwork should stipulate that neither party can move out of state unless given permission to do so. If the paperwork says she can MOVE out of state if she tells you where she is going then yes, that means you, in a round about way AGREED to let her move anywhere in the USofA and you agreed to be the one to go pick the child up. Not a good move. She is right--you can be held incontempt.

However, that does not mean you cannot attempt to amend the court order but be prepared for that to be difficult to do since it really isn't reasonable to expect her to quit a job and move BACK to where you want to drive to and from. You agreed to those terms so in order to ask to amend those terms you are going to have to attempt to demonstrate a need for doing so---a cut in pay, a job loss, transportation trouble, etc. Did you have an attorney in all of this?
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  #3  
Old 10-28-2009, 07:04 PM
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yes i have a laywer and no i never agreed for her to move out of state in the orders is says that if any party wants to move it has to be taken back to court she didnt notify the court that she moved and didnt notify anyone intell just recent the thing is that she hasnt seen her daughter but two times in the last six months now all of a sudden she wants to take her out of state
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