Can She Just Take My Son And Move?

No, but Yes if you let her. It depends. You need to speak to a family law attorney in your state and in the destination state. Why?

All of the states have adopted a body of law called the “UCCJEA” or Uniform Child Custody Jurisdiction Enforcement Act, but as with most law, there are exceptions that can be exploited.

Put simply, the UCCJEA says that the state court with jurisdiction over the child is the “home state” and will be the residence of the child for the six (6) consecutive months before any custody case is filed in any state court. So the first exception is if you give her permission to relocate and six (6) months have transpired.

Another exception to the UCCJEA is called the “emergency exception.” In order to invoke this exception, there has to be credible allegations of abuse to the child.

Sometimes a parent will arrive in Missouri with a child and file an adult protection compliant. If granted, an adult order of protection can contain some custody and support terms, but an adult protection order is not sufficient for the emergency exception of the UCCJEA. In order to obtain an Adult Protection Order in Missouri, it is necessary to show there is imminent risk of harm in Missouri. An adult protection order is sufficient, however, for Missouri’s Family Support Division to use to issue a child support order.

Missouri has a personal jurisdiction limitation, too. For example, if you were not married in Missouri and never resided in Missouri during this marriage, the Court lacks the jurisdiction to make you pay (directly) or to divide property not situated in Missouri. The catch? You have to either tell the Court it lacks jurisdiction by challenging jurisdiction in Missouri, or you can ignore the Missouri case and make a “collateral challenge” in your state. But, don’t ignore the Missouri case.

Just like “no legal matter gets better with time,” it is also true that “you never want to ignore any legal proceeding.”

If you find yourself faced with a spouse who left the state with your child(ren), call for your complimentary consultation. I will tell you what you can do for yourself, and why you might want to employ an attorney.

Gordon Rea, 314-396-7177.