[jettio]

Originally Posted by gochiefs_va

I'm not a lawyer, but have been on the receiving ends of our 'justice' system as it relates to fathers rights. If you want to know, just look up my post history, you'll find it. Sounds like you are doing the right things, but my best advice is to be proactive, waiting around is not a good idea

Allow me to paint a different picture. Since there is no actual law forbidding her from moving with the kids, there isnt reason why she cant move away. One can not kidnap their own kids! It all comes down to notice, she told you of her intentions...guess what that counts as notification. She's already given you advance notice of her plans, you havent done anything about it yet. The court could determine this to be your tacit approval as you have had ample time to do something yet didnt.

So let's say she up and moves with the kids on some weekend. Doesnt tell you anything just up and goes. So you spend a week calling her yelling at her, texting her, calling her mom..and nobody answers. Or you call the cops where you live..sure they'l lwrite a report, but they'll ask you. Is there a court order limiting her ability to move with the kids? Nope? Then nothing we can do, get a lawyer (that's what they will tell you).

So your lawyer files a motion in your current state for her to return the kids to your state. Service takes time, months...say she needs time to file motions herself, asks for extensions etc.. Next thing you know 6 months have gone by and you havent seen your kids. Finally you get your day in court, and mother shows how happy the kids are in new state, how their grades are improving and their friends are all so nice. Uprooting the kids again would be mean. Sure we'll give you month during the summer to visit. I mean afterall "i texted him months before I moved to tell him I was moving, he never said I couldnt". Judge will side with her, count on it. And even if he doesnt, say kids do come back, they will hate you cause you pulled htem out of school, and their new friends/etc.

Or even worse..Mom moves and says you hit yelled at her (all it takes for Domestic Violence is for mom to be 'afraid'). BOOM Restraining order, and add another 2-3-6 months to your court date while you fight the BS charges..doesnt matter. Court will see your history of DV and side with mom.

Maybe it wont be as bad as I say..but you sitting around doing nothing is not going to win this.

You are right that if he knows the day she is leaving and she has not given the certified mail 60 day notice that Missouri law requires and is in every divorce decree since 1998, he should file something weeks before the moving day.

But her not following the notice requirement would weigh against her and could be a basis for her to pay his attorney fees.