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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115452
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My exwife is trying to move from Eudora Kansas to Lees Summit

Customer Question

my exwife is trying to move from Eudora Kansas to Lees Summit Missouri. She sent her 30 day notice to move. I need to know what I have to file to fight the move, and also have a judge go over custody again?
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would file a Motion to Modify Custody and Objection to Removal from Jurisdiction. In your objection you need to state your valid cause for objecting, such as a lower quality of life, lack of family support, worse school district, worse healthcare, not as good of a neighborhood etc.
It is up to you to convince the court that the move is not in the best interests of the child, which does not mean it has to be in your best interests. So every argument you make in the motion has to be about why it is not good for the child to make this move and explain why granting you the custody would be in the child's best interest.
Customer: replied 2 years ago.
I went to court over the same matter 4 years ago. We told the judge this was going to happen and now that I can prove everything that was said, I was hoping this would be more of a fact based trial. My ex has moved 3 times since the custody battle and my daughter has switched schools twice now. If she moves, this will be the 4th move in four years and the 3rd school district in as many. My daughter is 8 years old and turns 9 in September. She is the one that asked me to fight it, because she doesn't want to move and have to start all over again at a new school. Every time she moves it my daughter gets so nervous and it really bothers her from day to day activities due to her worrying about it. We also spend a lot of time together. She usually stays with me 1 or 2 nights more a week than the custody agreement states. What else would you suggest to make this a better case?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
Unfortunately, the trial depends only on what is best for the child, which are facts, but only current facts. The fact the mother keeps moving the child around or trying to, certainly is not in the best interests of the child, so that is part of your argument. Changing school districts is not best for the child's education. So these are all a part of your argument that this move now is not in best interest of your child. Sounds as though you have the ammunition, you just need to list all of those things, especially that this will be the 4th move in 4 years and 3rd school which denies the child stability.