Relocation Lawyer in Jefferson City

Life is constantly changing. Maybe you have been offered a dream job in another state, or perhaps you want to move closer to family for extra support. While these are exciting opportunities, they become legally complex when you share custody of a child. As a family law attorney who has practiced in Missouri for over two decades, I, Scott A. Hamblin, have seen how relocation cases can be some of the most emotionally charged disputes parents face.

If you are a custodial parent thinking about moving, or if you are a non-custodial parent worried about your child being moved away, you need to understand the strict legal requirements involved. Relocation isn’t just about packing boxes; it is about following a specific legal process to protect your rights and your child’s future.

Missouri’s Strict Notice Requirements

In Missouri, you cannot simply wake up one day and decide to move with your child. The law, specifically RSMo. §452.377, sets out a very specific procedure that must be followed. Failing to do so can have severe consequences, including the potential loss of custody.

If you are the parent intending to relocate the principal residence of a child, you are required by law to provide a certified letter to the other parent at least 60 days before the intended move. This applies whether you are moving across the country or just to a neighboring city, if strictly interpreted, though it is most critical for moves that affect the other parent’s custody or visitation rights.

This certified notice must include specific details, such as:

• The intended new address (or at least the city, if the specific address isn’t known yet).
• The home telephone number of the new residence.
• The specific date of the intended move.
• A brief statement of the specific reasons for the proposed relocation (e.g., a new job, being closer to family).
• A proposed revised schedule of custody or visitation.

What Happens After Notice is Given?

Once the certified letter is sent, the ball is in the other parent’s court. They have 30 days from the receipt of the notice to file a formal objection with the court.

If no objection is filed within that 30-day window, the relocating parent generally has the right to move. However, if an objection is filed, the move is paused until a court hearing can take place. This is where the legal battle begins, and where having an experienced attorney becomes vital.

The Court’s Decision: Best Interest of the Child

When a relocation case goes to trial, the court doesn’t just look at whether the move is good for the parent; the primary focus is always the “best interest of the child.” As your attorney, my job is to present evidence that supports your position based on specific factors the court considers.

The court will evaluate several factors, including:

• The reason for the move: Is it a legitimate reason, like a better job or family support, or is it an attempt to alienate the other parent?
• The opposing parent’s motives: Is the objection based on a genuine desire to maintain a relationship with the child, or is it merely to control the other parent?
• Educational opportunities: Will the new location offer better schools or resources for the child?
• Impact on visitation: Can a realistic visitation schedule be created that preserves the child’s relationship with the non-relocating parent?

For the parent wanting to move, we must prove the relocation is made in good faith and is in the child’s best interest. For the objecting parent, we must demonstrate that the move would significantly harm the child’s relationship with you or stability.

Consequences of Moving Without Permission

I often advise clients that asking for forgiveness is not better than asking for permission in family court. Moving a child without following the statutory notice requirements or without a court order can lead to disastrous results.

The court has the authority to order the immediate return of the child. Furthermore, the violation can be used as a basis to modify custody, meaning the relocating parent could lose primary physical custody entirely. It is a risk you simply should not take.

Protect Your Family’s Harmony

Whether you are seeking to relocate or trying to prevent a move, the outcome of these cases depends heavily on the specific facts and how they are presented to the judge. Every family is unique, and I am committed to listening to your specific goals to develop a strategy that works for you. If you are facing a relocation issue, do not wait until deadlines are looming. Contact my office today so we can ensure your rights and your relationship with your child are protected.