Because you're in the middle of a divorce, the only way you can take your child with you to Missouri is by filing a motion for temporary custody (custody set until the final divorce, property settlement and child custody is entered), informing the judge that you want to move for health reasons concerning your son. If the judge believes it is in the child's best interest to move, he will enter a temporary order of custody.
At the trial of the divorce, each party will put on evidence concerning custody. At that point, the judge will enter a final custody order. He/she can continue to allow you to have full custody, or he could order joint custody, or some hybrid type of order with physical and legal custody split between the two of you.
It is not a good idea to move to Missouri without permission from the court.
Yes. Temporary custody is excatly what you've described. The judge COULD give some custody (physical, legal, joint physical or legal) to the father. Even after the final order entered in the divorce, either parent can petition the court to modify or change the custody from one parent to the other. This process could prolong until the child reaches the age of majority.
However, if it is in the child's best interest to receive treatment in Missouri, coupled with the fact that the father has not taken care of him in the past, you've got a much better case for custody than him.
If the father for some reason goes out of town for work how long can he have no contact with the diabled child before I can get the father on abandonment?
The fact that you're in fear of him should be enough to get the restraining order.
I don't know what your attorney will do - you'll have to rely on what she's told you for that.
However, I believe that if you are truly afraid, you should proceed with securing a restraining order against him.
If your attorney is not doing what you want, then you should seek other counsel.
My suggestion is if you truly feel threatened to request the restraining order, and to continue to build your case against the father for custody.
This is another case: My cousin has a restraining order against her daugthers father in Michigan. She picked up the 14 year old two weeks ago, and the father has custody in the state of Michigan. The father never has attempted to pick up the child. The Child is with the mother in Indiana where the mother resides. The mother has enrolled the 14 year old in school in the state of Indiana. The mother goes back to court monday for the permanent restraining order. The 14 year old doesn't want to go back to with the father, can my cousin, the mother of the 14 year old daugther get the indiana courts to assume jursidiction of this custody?
Thank you for you help
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