When you have a parenting or custody agreement in place in Missouri, moving is more stressful than it normally would be. You don’t just have to worry about renting a truck or hiring a moving company; there’s a strict legal process you have to follow to notify the other parent and get their permission to relocate. Relocating out of Columbia can be complicated when there’s a parenting agreement, whether you’re moving just a few miles away to Rocheport or across state lines.
What Counts as Relocation in Missouri?
If a parent wants to change a child’s primary address for 90 days or more, Columbia relocation laws apply. Many parents think the law only applies to long-distance moves or relocation across state lines. However, the statute is broader in its scope to include any move, even if it’s just up the road, if it impedes a coparent’s ability to see the child. This doesn’t mean you can’t move, but it does mean you need to notify the other parent before you do, and the matter may go to court for approval.
Requesting Child Relocation
Child relocation is quite common in the U.S., with 29% of custodial parents moving by the time the child is in college. To request child relocation, you must provide the other parent with written notice that you intend to move at least 60 days prior to the relocation. Missouri Revised Statute 452.377 states that you must include the following information in the letter:
- The new mailing address
- The phone number of the residence, if available
- The date you intend to move
- The reason for the move, if applicable
- A proposal for a new custody agreement
- A notice that the other parent has the right to take the matter to court
After receiving the letter, the other parent will have 30 days to respond. They may simply agree to the new agreement, or they may object. Note that if you leave out any of the information listed above, or the letter does not arrive at least 60 days before the move, the court may prevent the relocation.
What If One Parent Opposes Relocation?
If one parent opposes the relocation, they have 30 days to file an objection with the court that issued the original parenting agreement. Within one year of divorce, the median distance between the child and noncustodial parent is five miles. Reasons for objecting can include:
- The move puts too great a burden on them to see their child.
- Relocation is not in the child’s interest.
- Any other grounds that might affect the child or their relationships
Failing to respond in time or at all may result in the court approving the relocation.
How Courts Decide on Child Relocation Cases
When deciding on relocation cases, the court’s primary concern is the best interests of the child. The court will consider the child’s relationship with each parent, how relocation could put stress on that relationship, the child’s ties to their community, the reason the custodial parent is moving, and other relevant factors. If the child is old enough, the court may take their feelings into consideration.
There’s no simple formula for determining the child’s best interests, and much of the decision comes down to the judge’s discretion. The court wants to see tangible proof that the child’s life will be better or worse due to the move. That’s why it’s wise to work with a family law attorney during a relocation dispute. Lawyers know what type of evidence the court prioritizes, and they can argue on your behalf.
FAQs
What Is the Relocation Statute in Missouri?
Relocation in the Show-Me State is governed by Missouri Revised Statute 452.377, which became law in 1998. This statute outlines how long a notice custodial parents have to give for relocation, what that notice must include, how long a noncustodial parent has to object to the relocation, what the court shall do following a ruling that allows relocation, and other relevant details.
Can I Move Out of State With My Child in Missouri?
If you want to move your child out of state as a resident of Missouri, you’ll have to adhere to RSMo 452.377. You must notify the other parent that you intend to move at least 60 days prior to the relocation, and they have 30 days to object in court. If they do object, you’ll have to prove to a judge why the move is necessary and work with the court to create a new parenting agreement.
How Do You Win a Relocation Custody Case in Missouri?
To win a relocation custody case in Missouri as the parent who plans to move, you have to show why moving is in the best interests of your child. As a custodial parent, you must give the court a compelling reason for the move, often including improved work opportunities or education for your child. Be prepared to offer reasonable amendments to the visitation or shared custody agreement, showing a willingness to be cooperative and generous.
How Do You Write a Relocation Letter for Child Custody?
Missouri law mandates what information you must include in a relocation letter for child custody. This includes the new address you’ll be moving to, the new phone number if you have it, the reason for the relocation, a proposal for a new parenting agreement, and a notice that the other parent has the right to object in court. It’s essential that you include the legally required information, so you should consult with a Columbia relocation attorney to ensure you include all the necessary details.
Hire a Relocation Lawyer
Following Missouri’s relocation laws is essential for a custodial parent considering a move. Failure to comply with the law could result in the court blocking your move without even considering your reasoning. Even if you follow the statute to the letter, you could still end up in court arguing your case. Hire a relocation lawyer to represent your interests and those of your child. Contact the team at Stange Law Firm today to discuss your case.
