Missouri Family Lawyer Tips: What You Need to Know About Parental Relocation and Custody Rights

Understanding Parental Relocation and Custody Rights in Missouri

Relocating with children after a divorce or separation is a complex legal issue, especially when custody arrangements are in place. Missouri law has specific regulations regarding parental relocation, designed to protect the best interests of the child. This article provides essential information for parents navigating parental relocation in Missouri, focusing on custody rights and legal requirements.

What is Parental Relocation in Missouri?

Parental relocation, often called "custodial relocation," refers to when a parent with primary custody of a child intends to move their residence a significant distance away from the child's other parent. Missouri law defines "relocation" as a change of residence for more than ninety (90) days to a location outside the state of Missouri or any change of residence for more than ninety (90) days within the state that substantially impairs the ability of the other parent to exercise custody rights.

Missouri's Relocation Statute: RSMo. § 452.377

Missouri Revised Statutes (RSMo.) § 452.377 governs parental relocation. This statute outlines the specific steps a parent must take if they intend to relocate with a child. Failure to adhere to these rules can have serious legal consequences. It is important to read this section carefully.

The Notice Requirement: Your First Step

📝The parent intending to relocate must provide written notice to the other parent. This notice is crucial and must adhere to specific requirements. The notice must be sent by certified mail, return receipt requested.

What Information Must Be Included in the Notice of Relocation?

The notice of relocation must contain specific information. Failure to include all required information can invalidate the notice and delay the relocation process. The required information is:

• 🏠 The intended new residence, including the specific address.
• 📅 The date of the intended move or relocation.
• 📞 The parent's mailing address and telephone number.
• 👨‍👩‍👧‍👦 A brief statement of the specific reasons for the proposed relocation.
• 📑 A proposal for a revised schedule of custody or visitation.
• ⚠️ A warning that the other parent must file a motion in court within thirty (30) days of receiving the notice to stop the relocation.

Timeline: When Should the Notice Be Sent?

⏰ The notice must be sent at least sixty (60) days before the intended date of relocation. This allows the other parent sufficient time to consider the move and take appropriate legal action.

What Happens After the Notice is Sent?

Once the notice is sent, the other parent has options. They can agree to the relocation, negotiate a new custody and visitation schedule, or file a motion with the court to prevent the relocation.

Filing a Motion to Prevent Relocation

If the non-relocating parent opposes the move, they must file a motion with the court within thirty (30) days of receiving the notice of relocation. This motion initiates a court hearing where a judge will determine whether the relocation is in the child's best interests.

Factors Considered by the Court: The "Best Interests of the Child"

⚖️ The court's primary concern is the "best interests of the child." Missouri law outlines several factors the court will consider when deciding whether to allow the relocation. These factors include, but are not limited to:

• 💖 The wishes of the child, if the child is of sufficient age and maturity to express a reasonable preference.
• 🤝 The child’s relationship with each parent, siblings, and any other person who may significantly affect the child’s best interests.
• 💪 The ability of each parent to provide the child with love, affection, care, and guidance.
• 📚 The child’s adjustment to the child’s home, school, and community.
• 🕰️ The mental and physical health of all individuals involved, including a history of abuse of any individuals involved.
• 📍 The needs of the child for a stable and secure home environment.
• 🤝 The ability and willingness of each parent to foster a close and continuing relationship between the other parent and the child, except when one parent has been a perpetrator of domestic violence.
• 🚶The willingness and ability of each parent to cooperate in matters relating to the child.
• 🗺️The advantages of a change of environment for the child.
• 📚 The alternative arrangements for custody and visitation.

Burden of Proof: Who Has to Prove What?

The burden of proof in relocation cases is divided. The relocating parent initially has the burden to prove that the proposed relocation is made in good faith and for a legitimate purpose. Once this is shown, the burden shifts to the non-relocating parent to prove that the relocation is not in the best interests of the child.

Demonstrating "Good Faith" and "Legitimate Purpose"

The relocating parent needs to convince the court that the move isn't intended to harm the relationship between the child and the other parent, or for some malicious intent. Evidence of good faith and a legitimate purpose can include:

• 💼 A job offer in the new location.
• 👨‍👩‍👧‍👦 Moving closer to family support.
• 🏠 A lower cost of living in the new location.
• 📚 Educational opportunities for the relocating parent.

Strategies for the Relocating Parent

If you are the parent seeking to relocate, consider these strategies:

• 📝Meticulous Documentation: Keep detailed records of all communication, reasons for the move, and steps taken to facilitate the other parent's relationship with the child after the move.
• 💼Present a Solid Plan: Clearly outline how the relocation will benefit the child, including better schools, safer neighborhoods, or improved family support.
• 🤝Offer a Generous Visitation Schedule: Propose a visitation schedule that allows the non-relocating parent ample time with the child, potentially including extended summer visits, holidays, and video conferencing.
• 👨‍⚖️Work with an Experienced Attorney: A knowledgeable family law attorney can guide you through the legal process, gather evidence, and present your case effectively in court.

Strategies for the Non-Relocating Parent

If you are the parent opposing the relocation, consider these strategies:

• ⏱️Act Quickly: File your motion within the 30-day deadline.
• 🔎Gather Evidence: Collect evidence that demonstrates how the relocation would harm the child's best interests. This might include evidence of the child's strong ties to their school, community, or extended family in the current location.
• 🧑‍🏫Highlight the Impact on Your Relationship: Explain how the relocation would negatively impact your ability to maintain a meaningful relationship with the child.
• 🧑‍⚕️Consider a Custody Evaluation: Request a custody evaluation to provide the court with an objective assessment of the child's best interests.

Modifying Custody and Visitation Orders

If the relocation is approved, the court will likely modify the existing custody and visitation orders to accommodate the new circumstances. This may involve changes to the visitation schedule, transportation arrangements, and communication methods.

Possible Compensations and Considerations

Consider these points during relocation negotiations:

• ✈️Transportation Costs: Who will bear the costs of transporting the child for visitation? This should be clearly defined in the modified order.
• 📞Communication: Establish regular video calls or other forms of electronic communication between the child and the non-relocating parent.
• 🎁Holiday and Vacation Schedules: Create a detailed schedule for holidays, birthdays, and vacations to ensure both parents have quality time with the child.

What Happens If a Parent Relocates Without Permission?

Relocating without providing proper notice or obtaining court approval can have serious consequences. The court may order the relocating parent to return the child to the original location, modify custody orders to favor the non-relocating parent, impose fines, or even hold the relocating parent in contempt of court.

The Role of Mediation

Mediation can be a valuable tool for resolving relocation disputes. A neutral mediator can help parents communicate effectively, explore potential solutions, and reach a mutually agreeable settlement.

Alternatives to Relocation: Long-Distance Parenting

In some cases, parents may explore alternatives to relocation, such as long-distance parenting arrangements. This may involve one parent remaining in the original location while the other parent moves, with the child spending extended periods of time with each parent.

Special Considerations for Military Families

Relocation issues can be particularly complex for military families. Federal law, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and the Servicemembers Civil Relief Act (SCRA), may apply in these cases. It is essential to consult with an attorney who is familiar with these laws.

Key Takeaways for Missouri Parents

• 📜Understand the Law: Familiarize yourself with Missouri's relocation statute (RSMo. § 452.377).
• 📝Follow the Procedures: Adhere to the notice requirements and deadlines.
• 💖Prioritize the Child's Best Interests: Focus on what is best for your child throughout the relocation process.
• 👨‍⚖️Seek Legal Advice: Consult with an experienced family law attorney to protect your rights and navigate the legal complexities.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.