After a divorce with children has been finalized there are situations where one of the parties decides to move from the principal residence of a child for 90 or more days and they must comply with Missouri’s relocation statute:

R.S.Mo. § 452.377, a parent cannot relocate a child’s principal residence for a period of 90 days or more without notifying the other parent 60 days in advance of the relocation.

The parent that is relocating must notify the other parent that has custody or visitation rights a minimum of  60 days before they move of the new address as well as the following information:

(1) The intended new residence, including the specific address and mailing address, if known,
and if not known, the city;
(2) The home telephone number of the new residence, if known;
(3) The date of the intended move or proposed relocation;
(4) A brief statement of the specific reasons for the proposed relocation of a child, if
applicable; and
(5) A proposal for a revised schedule of custody or visitation with the child, if applicable.

The written notice must be sent by certified mail,  return receipt, to the last known address of the other parent.  There are circumstances where the court makes a finding that the health and/or safety of an adult or child would be unreasonably placed at risk by disclosing information regarding the relocation of the child and make an exception to the above requirement.  The specifics of this exception will be discussed at lengths with clients of RS Law.

Keep in mind that since the only requirement in Missouri’s relocation statute is that the moving parent notify the other parent by mail this makes it very important that you retain proof that the moving parent complied with this statute and notified the parent of your new address.  Improper notification could be considered a reason for a modification of custody and visitation, ordering the return of the child, and/or an order to pay reasonable expenses and attorneys fees of the non-moving party that objected to the relocation.

The residence of the child may be effective 60 days after sending the non-moving party notice of the relocation unless the non-moving parent files a motion to prevent the relocation.  Their objection to the relocation must be done within 30 days of their receipt of the notification of the move.

It is important to remember that the non-moving  parent only has 30 days to object to the relocation before you lose your right to object to the relocation.

In order for the non-moving parent to properly object to the relocation of the child, you must file a motion in the original case seeking a temporary order preventing the relocation. This legally establishes your objection to the move and begins proceedings to determine if the move is in your child’s best interests. This is only a temporary order and will remain in effect until the Court hears all of the evidence and makes a final determination.

RS Law has experience with preventing relocations and fighting relocation objections.  Call today for a consultation to discuss relocation.