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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 29981
Experience:  Attorney with experience in family law.
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I filed divorce and Joint child custody in St Louis,

Customer Question

I filed for a divorce and Joint child custody in St Louis, Missouri County Court. My wife then filed an answer to my petition for dissolution and such, then today they filed a request for transfer by consent, and purposed order filed for order of transfer. I live in STL County where I filed, she did too till we split up in January 2015 then she moved to jfferson county. Can her lawyer ask the judge to transfer our case to Jefferson county, when I filed first in St Louis County?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
Her Attorney filed a Request for transfer by Consent and an Purposed Order of Transfer. We have an order of protection hearing in one court room with one judge, and then I filed for divorce and joint custody that got assigned to a different judge and courtroom. So I do not know what the request for transfer by consent is for yet, but I wanted to know, if I live in St Louis county, and I filed first for divorce and child joint custody first in St Louis County, can she have her case filed in Jefferson County? Will a judge grant a transfer if I filed first in St Louis County, and she answerd my Petition in St Louis County?
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today.
The biggest concern here is that they're asking for a transfer BY CONSENT, when you did no such thing. Look at the document they filed - if it says that you agreed to the move, when you clearly didn't, you can file a Motion to Strike. That should be done as soon as possible, because the judge probably WILL order the transfer if he thinks you agreed to it.
It's also a violation of the Rules of Professional Conduct to file a false statement with the court OR to refuse to correct a false statement that's filed by mistake. Rule 3.3. If the lawyer actually thinks you did agree, you could try discussing it with him and seeing if he will correct his motion.
Missouri Stat., Section(###) ###-####states that a divorce may be filed where either spouse lives. However, when the divorce is filed where the petitioner lives, the respondent can move the case IF one of the following exists:
1. She lived in the county for at least 90 days before you filed (which she didn't). OR
2. The best interest of the children will be served if the proceeding is transferred to the county in which the respondent resides because:
(a) The children and at least one parent have a significant connection with the county; and
(b) There is substantial evidence concerning the present or future care, protection and personal relationships of the children in the county.
You also have the ability to file an Opposition to Request for Transfer (you can even combine it in the same document as your request to strike),letting the judge know that your spouse did not live in the other county before the case was filed and that it is not in the best interests of the children to move the case there. If they just moved, they likely wouldn't have any significant ties with the other county yet.
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