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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33738
Experience:  Attorney with 15 years experience
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In Missouri is it unlawful mother to not disclose a new

Customer Question

In Missouri is it unlawful for a mother to not disclose a new address of where she moving to to the father. She is currently not allowing the father to see the boy. The father has had physical custody for the last 4 yrs living in IA and this is a mothers agreed to visitation. She lives in MO. They are still married but separated for 4 yrs, no custody agreement established. She has had drug issues where her kids were taken away 4 yrs ago. There is reasonable suspension she is using again.
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If there isn't any formal custodial or visitation order in place from the court, then if you are on the birth certificate as the father you both have exactly equal custodial rights to the child. What this means is that whoever has the child has a legal right to do so. So to answer your question directly, no, it is not unlawful for the mother to refuse to disclose where she is moving to the father of the child.

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In order to establish a formal custody schedule, you would have to file a divorce action and then ask the judge to address the child custody issue as part of the divorce case.

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Otherwise, if you can find out where she is, legally you could simply take the child away from her and refuse to allow her to see him. So it works both ways...you wouldn't have to let her see the child if you had physical custody of him.

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But if you feel that she is using drugs again, then you could make a report to Child Protective Services and see if they would investigate and potentially remove the child from her and place him with you.

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thanks

Barrister

Customer: replied 1 year ago.
if there is a visitation order? Can she refuse the right for me to see my child?
Expert:  Barrister replied 1 year ago.

No, not legally. If she did, then your recourse is to file a motion for contempt of court and force her to appear in front of a judge and explain why she was willfully violating his direct order.

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thanks

Barrister

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