QUESTION

How can a mother move our son out of town without me knowing and what should I do to get him back?

Asked on Jul 30th, 2017 on Child Custody - Missouri
More details to this question:
I just found out my son’s mother took him out of town without my permission. She quit her job and went to other state and refuse to bring him back. I had to get a court order on her and her boyfriend because he threatened to kill me. I since found out he is in a gang and his last kid’s mother been shot why trying to get him. I am on his birth certificate and I went to the police station but they are saying she said I knew which I didn't. I don't know what to do because my son always been in my life since day one. I was getting him every other weekend plus every Monday and Tuesday. I really need help and my son too. I don't and want lie on her just to get him back. I really need to see what I can do.
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1 ANSWER

Child Custody Attorney serving Kansas City, MO at Kiske Law Office, LLC
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If this is an emergency or you feel your child is in danger, please make sure to call the police. You can also reach out to the department of Social Service (https://dss.mo.gov/cd/can.htm). Generally you would want to file a paternity action to establish paternity and legal and physical custody. Missouri law considers the best interest of the child in determining custody. In accordance to Missouri child custody law, the court considers five types of custody arrangements before making a decision. These include: 1. Joint physical and legal custody to both parents 2. Joint physical custody to both parents and sole legal custody to one 3. Joint legal custody to both parents and sole physical custody to one 4. Sole custody (both legal and physical) to one parent or the other There are also laws regarding the relocation of a child. How this is handled will depend on whether or not you have a custody order from a court. *?relocate? *or *?relocation? *means a change in the principal residence of a child for a period of ninety days or more, but does not include a temporary absence from the principal residence. Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights. Absent exigent circumstances as determined by a court with jurisdiction, written notice shall be provided at least sixty days in advance of the proposed relocation. The notice of the proposed relocation shall include the following information: (1) The intended new residence, including the specific address and mailing address, if known, and if not known, the city; (2) The home telephone number of the new residence, if known; (3) The date of the intended move or proposed relocation; (4) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and (5) A proposal for a revised schedule of custody or visitation with the child, if applicable. This is a very complex issue and if you would like to discuss further, please contact our office to schedule an appointment at 816-256-5440. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.
Answered on Oct 17th, 2017 at 6:52 PM

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