Divorce and custody cases are already complex processes. When one parent wants to relocate with the child or children, then the case can get significantly harder. If the parent wants to relocate out of state, then it creates drastic conflict in the case. Moving with a child can essentially remove a parent from his or her child’s everyday life.
As St. Louis divorce lawyers, we deal with relocation circumstances regularly in our cases. We have extensively litigated these issues, so let’s dive in and learn more about moving when children are involved.
Missouri Relocation Laws?
In Missouri, there is a statute that explains the process to follow for relocation with a child. This statute is RSMo. 452.377. This relocation law requires the relocating parent to give advanced written notice to the other parent.
The law also requires 6 pieces of information to be in the notice. The notice must include:
- Where is the intended new residence including the specific address
- Home phone number of the new home
- The proposed moving date
- A brief statement of the specific reasoning for the move
- Proposed new custody or visitation schedule if necessary based on the new home location
- Notice of the other parent’s right to object to the relocation
How Much Notice is Required to Move with My Child?
You must send the other parent of your child a notice of your proposed relocation at least 60 days prior to the proposed move. You must send the notice by certified mail with a return receipt requested.
If you do not properly send the notice, the Court is less likely to approve the relocation. The certified mail requirement ensures that the sender properly sends notice to the other parent.
How Do I Stop My Ex from Relocating with My Child?
Many people often ask us this question. And luckily, the odds favor a parent trying to prevent the relocation. The Court system generally prefers that a child grows up with both parents involved in the child’s life. A move, particularly out of state, often prevents one parent from being an active parent.
So, if you want to object to the move, there are steps you must take. You must file a Motion with the Court within 30 days of receiving the notice of relocation. The Motion must ask for an Order to prevent the move. You must complete this within 30 days, and remember that the certified mail requirement will track the dates.
The Motion must also include an Affidavit that provides a good faith reason to object to the move with the children.
Once a parent files his or her Objection, the moving parent must file a Reply within 14 days. And then the parties proceed with litigation to reach a determination by the Judge. If you follow the timeline correctly, all pleadings will be filed before the date of the intended move.
Will My Child Custody Schedule Change?
If the family court allows the relocation, it will likely change custody or visitation with the child. If the move is out of state, the custody schedules will almost have to change. You will need an out-of-town parent schedule, which generally provides time over the summer and on holidays and school breaks.
What Else Will the Family Court Judge Consider?
When litigating relocation cases, the Court can consider a number of factors. Often the Judge will look at whether both parents have been exercising their custody and how involved the parents have been.
Some Judges will want to know the reasoning for changing the residence of a child. The Judge will consider if the move benefits the child or just the parent. Some Judges will consider if the parents can accomplish the goals of the move by staying in town.
Missouri relocation law states that the move must benefit the child or children directly, not just the parent. The moving parent should have a better reason for the move than a new boyfriend or girlfriend. If the move is for employment reasons, the new job should be a job that cannot be found in the St. Louis area.
The Judge may even consider if the proposal for a revised custody schedule is reasonable.
Are There Any Other Considerations?
We always advise family law clients to make sure they are in compliance with any prior Judgments before filing a new case. To help the argument to move with your kids, ensure you are up to date on support payments and have been following the Court orders.
The Court may also appoint a Guardian ad Litem to investigate the situation and make a recommendation to the Court. Your interactions with the Guardian ad Litem during the case can play a significant role in the outcome. You will want to be thoughtful in your interactions with him or her.
In the end, the Court will do what is in the best interests of the child in regard to custody or visitation. We are here to help if need be, contact us to schedule a consultation.
