How Do Missouri Courts Handle Requests to Relocate?

How Do Missouri Courts Handle Requests to Relocate?

When a parent needs to move after a divorce or separation, the process can be emotionally and legally overwhelming. A new job, a chance to be closer to family or simply a fresh start are all valid reasons for wanting to relocate. However, when children are involved, a parent cannot simply pack up and go. Missouri has specific laws governing the relocation of a child; understanding these rules is crucial to protecting your parental rights. As an experienced family law attorney, I, Scott A. Hamblin, have guided many parents through this process. I am here to help you understand the legal implications for your case.

• Notice Requirements: A parent wishing to relocate with a child must provide the other parent with a written notice at least 60 days before the move.
• Objection Process: The non-relocating parent has 30 days to file an objection with the court.
• Court Considerations: If an objection is filed, the court will hold a hearing and consider several factors to determine if the move is in the child’s best interests.
• Consequences of Non-Compliance: Moving without following the legal process can lead to severe penalties, including a modification of custody.
• Modifying Orders: If a relocation is approved, the existing custody order should be modified to reflect new visitation schedules and transportation arrangements.

What Are the Notice Requirements for Relocation?

Under Missouri law (R.S.Mo. § 452.377), if you want to change your child’s primary residence for 90 days or more, you must provide written notice to the other parent. This isn’t just a courtesy; it’s a legal mandate. The notice must be sent by certified mail, return receipt requested, at least 60 days before the intended move.

This formal notice must contain specific details to be valid, including:

• The intended new address and mailing address (or at least the city, if the exact address isn’t known).
• The new home telephone number, if available.
• The date of the intended move.
• A brief statement explaining the specific reasons for the proposed relocation.
• A proposed revised custody and visitation schedule.

Failing to provide this notice, or providing an incomplete one, can have serious consequences. The court can see it as a factor against you in custody decisions and order the child to be returned.

What Factors Does a Judge Review?

If the other parent objects to the move within 30 days of receiving your notice, the court will schedule a hearing. At this hearing, the burden of proof is on you, the parent seeking to relocate, to show that the move is made in good faith and is in the best interest of the child.

A judge will weigh several factors to make this determination, including:

• The needs of the child and the likely impact the relocation will have on their physical and emotional development.
• The potential for the move to improve the quality of life for both the parent and the child.
• The reasons each parent has for requesting or opposing the move, including whether the request is made in good faith or to interfere with the other parent’s relationship with the child.
• The child’s relationships with both parents, siblings and other significant people in their lives.
• The possibility of creating a realistic and meaningful visitation schedule that preserves the non-relocating parent’s relationship with the child.

Judges carefully scrutinize the motives behind the move. A relocation for a better job opportunity or to be closer to a support system is viewed more favorably than one that appears intended to alienate the other parent.

What Happens if a Relocation Request Is Denied?

If the court denies the request to relocate, the existing custody order remains in effect. You cannot move with the child. Attempting to do so would be a direct violation of a court order and could lead to severe consequences, such as being held in contempt of court or even a modification of the custody arrangement that is not in your favor. It is critical to respect the court’s decision and explore other options.

How Can I Modify an Existing Order to Allow a Move?

If your relocation request is granted, the next step is to modify the existing parenting plan and custody order. The court will not leave this to chance. The modified order will establish a new visitation schedule designed to ensure the child maintains frequent and meaningful contact with the non-relocating parent.

This often involves:

• Longer, less frequent visitation periods, such as extended time during summer and holiday breaks.
• Specific arrangements for telephone and video calls.
• A clear plan for how transportation costs and logistics will be handled between the parents.

By proactively proposing a reasonable and detailed revised parenting plan, you show the court that you are committed to fostering your child’s relationship with the other parent, which can strengthen your case significantly.

Secure the Legal Guidance You Deserve

Child relocation requires careful planning and a deep understanding of Missouri law. Whether you are the parent seeking to move or the one opposing it, the stakes are incredibly high. With over two decades of experience in family law, I am prepared to be the aggressive and zealous advocate you need. Contact my office today.