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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100602
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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THE CHILD AND HER MOM AND DAD LIVE WITH ME.. THE PARENTS ARE

Resolved Question:

THE CHILD AND HER MOM AND DAD LIVE WITH ME.. THE PARENTS ARE NOT MARRIED NOR ARE THEY A COUPLE...THEY HAVE SHARED CUSTODY..NEITHER OF THEM HELPS ME PAY FOR THE UPKEEP OF THE CHILD ///NOR RENT OR ANYTHING...NOW THE MOM WANTS TO MOVE TO CALIFORNIA....AND TAKE THE BABY.....THE FATHER, MY SON, DOES NOT WANT HER TO..SHE SAYS SHE CAN BECAUSE SHE IS THE MOTHER...NEITHER ONE OF THEM HAVE REALLY PARENTED THE CHILD...SHE IS 3 NOW. I DO THE PARENTING AND CARING FOR THE CHILD..WHO I LOVE DEEPLY...WE LIVE IN ST.LOUIS, MO... SANDY
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.
Hello Sandy,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Are there any court orders for the child, or has this so far been informal?
Customer: replied 5 years ago.
SHE WENT TO XXXXX AND THEY SENT JOSH A PETITION SAYING HE WAS TO PAY 280 A MONTH...HE HAS NOT WORKED EXCEPT IN THE ARMY RESERVE....AND ODD JOBS....THE 280 WAS BASED ON HER EXPENSES...LLIKE FOOD RENT ETC,,,WHICH SHE TOLD THEM....THE AMOUNTS..SHE HAS NO EXPENSES...AND I GIVE HER ABOUT 300 MONTH...TO COVER MY SON'S....OBLIGATION....SHE RECENTLY WENT TO CHILDREN'S SERVICES WANTING THE 280 FROM HIM ON A REGULAR BASES AS THE COURT SAID,,THEY TOLD HER AS LONG AS SHE WAS LIVING HERE WITH THE BABY AND SHE HAD NO EXPENSES.....SHE COULD NOT MAKE HIIM PAY THE 280 A MONTH...SHE GET 300 A MONTH IN FOOD STAMPS WHICH I BUY FROM HER
Expert:  Ely replied 5 years ago.
Thank you. So what are you trying to achieve here - what is your goal?
Customer: replied 5 years ago.
MY QUESTION ANSWERED...CAN SHE LEGALLY TAKE THE BABY TO CAL TO LIVE WITH HER NEW BOYFRIEND..IF THE DAD, JOSH DOES NOT GIVE HER PERMISSION...//CAL IS OUT OF STATE///WE LIVE IN MO.
Expert:  Ely replied 5 years ago.
In the decree, is there a clause that she may not leave the state?
Customer: replied 5 years ago.
NO
Expert:  Ely replied 5 years ago.
Thank you. In this case, she can actually leave if she wanted to.

However, the dad can file a Motion for Temporary Orders and ask her to be restricted from leaving the state.

He would have to prove that (1) upon leaving, she will not allow him visitation, and/or (2) her moving is not 'in the best interest of the children.'

If this is proven, then the Court will restrict her from leaving.

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