want divorce and to leave missouri

Hoping to get non-contested divorce with husband. I want sole legal and physical custody of our 20 month old child. Can I leave the state once we sign papers or am I stuck her for a while? Could I leave if he signed something saying that I had premission to leave the state with our daughter?
Is it better to do legal separation and get his permission to leave the state and then file for divorce as a resident of that state? I just need these answers so I know what I can do. My husband is very mental abusive and not stable. I fear that he may get physically abusive if I try to leave so I want to have everything in order when I do.

by BDeGarmo 2 Posts
Posted on 4/16/2008 11:17 AM

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Answers for "want divorce and to leave missouri" (3) (You must be logged in to answer)

I mean "of his own" not home - I need my coffee....darn typos

by spaznskitz 7745 Posts
Posted on 4/17/2008 9:39 AM

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any document pertaining to custody of the child that is not signed by a judge in a divorce/custody proceeding, even if notarized, is not an enforceable document. Meaning if he signs something saying you can go, he has the right to change his mind during the divorce.

You can not move without his, and the court's permission. You need to file in the state you are in, and hope the judge sides with you on the petition to move.

Highly doubtful your ex will give you an uncontested divorce and sole custody of the child if he is abusive - it will just be a form of trying to control you by contesting everything, and filing for custody of his home, or refusing to allow your move.

I suggest you get an attorney - I forsee this getting ugly.

I'm a family law attorney.

by spaznskitz 7745 Posts
Posted on 4/17/2008 9:38 AM

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i would def talk with an attn to get the "order" of things down. A friend's divorce decree says she has to stay within a specific florida county or get permission from her ex (which he wont give), so she is stuck.

im not a lawyer, but if you have written permission to leave w/ the baby, id leave now before they change their mind.... once you are in another state and have filed for divorce, be tough to make you move back...

by jackson 723 Posts
Posted on 4/16/2008 3:06 PM

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