How Missouri Family Law Deals With Relocation and Custody

Relocation and custody issues can be among the most challenging aspects of family law in Missouri. When a parent wishes to move, especially if it involves relocating a significant distance away, it can complicate custody arrangements and affect the time children spend with each parent.

Missouri family law recognizes that both parents have rights regarding the custody of their children, and any relocation will often require legal considerations. When one parent intends to relocate, they generally must notify the other parent of their plans. This notification is crucial because the relocating parent may need to modify the existing custody arrangement.

Under Missouri law, specifically § 452.377, a parent seeking to relocate with a child must provide written notice to the other parent at least 60 days prior to the intended move. This notice should include the new address, the reasons for the move, and a proposed modification of the custodial agreement. Failure to provide proper notice can lead to legal consequences, and it may negatively affect a parent's custody rights.

If the other parent disagrees with the relocation, they have the right to contest the move in court. The court will then assess several factors to determine if the relocation is in the best interests of the child. Some of these factors include:

• The child's relationship with both parents
• The child's age and developmental needs
• The impact of the move on the child's education
• The reasons for the relocating parent's move
• The feasibility of maintaining the child's relationship with the non-relocating parent

After considering these factors, the court will make a determination aimed at serving the best interests of the child. In some cases, the court may allow the relocation but impose changes to the custody arrangement and visitation rights. This could include longer visitation periods during school breaks or adjusting the travel arrangements to facilitate visits.

It's worth noting that if the custody agreement was established through a court order, any significant changes, including relocations, will need to be formally modified. Parents are encouraged to work together through mediation to reach a mutually agreeable solution before resorting to litigation, as this process can be less adversarial and more focused on the child's well-being.

In situations where a relocation is approved, communication and planning become crucial for the parents involved. Establishing a clear visitation schedule that accommodates both parents and the child can help maintain a healthy relationship, despite the distance. Effective co-parenting is essential, and parents are encouraged to put their children’s needs first amidst their personal circumstances.

In summary, Missouri family law approaches relocation and custody with a focus on the child's best interests. Parents must follow legal procedures when considering relocation, communicate effectively, and be open to adjustments in their custody agreements. Seeking the advice of a family law attorney can provide guidance through this complex process, ensuring that all legal requirements are met and that the child's needs remain the priority.