Navigating child custody matters can be one of the most challenging aspects of family law, especially when parents live far apart from each other or are contemplating a move.
In Missouri, when a parent wishes to relocate, the process involves specific legal considerations. This blog post will provide a comprehensive overview of the child custody relocation process in Missouri, including legal standards, procedures, and practical tips for parents.
1. Custody, Visitation & Relocation
There are a number of terms that refer to the right to spend time with and make major decisions regarding one’s child:
- Legal Custody: This refers to the right to make major decisions regarding the child’s upbringing, including education, healthcare, extracurricular activities, and religion. Legal custody can be joint (shared by both parents) or sole (held by one parent).
- Physical Custody: This pertains to where the child resides or spends a significant amount of time at a parent’s residence. Physical custody can also be joint or sole, depending on the arrangement agreed upon by the parents or determined by the court.
- Visitation: This refers to the right to spend time with the child at regular intervals, supervised or unsupervised, as set out in a court order.
- “Parenting Time:” This term is used interchangeably with visitation.
Most parents have at least some visitation if they have a formal custody order. Some of these parents may think that because they only have visitation, because they don’t have joint physical custody, or because the other parent’s address is used for education and mailing purposes for the child, they do not have a right to object to the other parent’s relocation. This is not the case. Furthermore, such parents also have to comply with the notice requirements to relocate themselves.
For relocation purposes, any parent or third party who is entitled to visitation with the child is covered under Missouri’s relocation statute, Section 452.377 RSMo.
2. The Importance of a Custody Order
In Missouri, having a formal parenting plan is crucial. This legal document outlines each parent’s rights and responsibilities regarding their child. Every parenting plan in Missouri since August 28, 1998, will include language outlining the notice requirements for a parent planning a move in the future.
If you have a parenting plan, make sure you review the relocation notice requirements to ensure that your move is not disrupted and that you know your rights with regard to the other parent’s relocation.
For instance, if a parent wishes to relocate, he or she must give the required notice to the other parent. Failure to notify the other parent will be used against you in a future custody proceeding.
3. Legal Standards for Relocation
Notice
As described above, notice of a relocation is critical if you are planning a move. Notice generally must be given:
- In writing and by certified mail, return receipt requested
- Sixty (60) days before the proposed move
- With the proposed date of the move
- With a statement of the reason for the move
- With the intended address (or city if address is not yet known)
- With a proposed new custody schedule
- Advising the other party of their right to object
Relocation Defined
In Missouri, relocation means a change in the principal residence of a child for a period of ninety days or more but does not include a temporary absence from the principal residence.
Still, notice is required even if the child is not necessarily moving with you or does not live with you for the majority of the time. A proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, requires notice.
Responding to Relocation Notices
Upon receiving a notice of relocation, the other parent has the right to respond. They can agree to the relocation or file a motion with the court to contest it.
Contesting Relocation
If the non-relocating parent opposes the move, he or she should file a motion and affidavit objecting to the relocation and could also file a motion to modify custody. In this case, the court will assess whether the relocation is in the best interest of the child.
Best Interest of the Child Standard
Missouri courts primarily consider the best interest of the child when deciding relocation cases. Factors include:
- The child’s relationship with both parents
- The impact of the move on the child’s emotional and physical well-being
- The reasons for the relocation
- The feasibility of maintaining the child’s relationship with the non-relocating parent post-relocation
Court Hearings and Evidence
If the other parent does not consent to the relocation, a court hearing will be scheduled. During this hearing, both parents will have the opportunity to present their case, including:
- Testimony from both parents
- Expert opinions, if applicable (e.g., child psychologists)
- Evidence of the quality of the child’s relationship with both parents
- Proposed custody plans if relocation is granted
- Any relevant documentation about the best interest of the child
Possible Outcomes
After the hearing, the judge will render a decision based on the best interest of the child. Possible outcomes include:
- Approval of the relocation: The relocating parent may relocate as planned, and the court may modify the custody order to accommodate the new living situation.
- Denial of the relocation: The court may decide that the move is not in the child’s best interest, preventing the moving parent from relocating.
- Modification of custody: In some cases, the court may determine that relocating changes the custodial dynamics significantly enough to modify custody arrangements, potentially granting more or less time with the other parent.
4. Modifying Custody Agreements
When Modification is Necessary
If a relocation is approved, the parent who is relocating may need to modify the parenting plan to reflect the new circumstances. This could involve adjusting the physical custody or visitation schedule, travel arrangements, and other aspects of co-parenting.
5. Tips for a Smooth Relocation Process
Open Communication
Maintaining open lines of communication with the other parent can ease tensions surrounding a relocation. Discussing plans far in advance and being transparent about the reasons for moving can foster goodwill.
Documentation
Keep detailed records of all communications regarding the relocation. This documentation may be beneficial in court if disputes arise. Depending on the reason for the proposed relocation, documentation supporting why the relocating parent needs or does not need to move may be helpful.
Consult an Attorney
Given the complexities of custody laws, consulting with a family law attorney can provide invaluable guidance. An attorney can help navigate the legal requirements, represent you in court, and ensure your rights are protected. Relocation cases are often especially contentious, so consider hiring representation.
Consider Mediation
If possible, consider mediation as an alternative to litigation. Mediation can provide a more amicable solution and can help parents work collaboratively to create a parenting plan that suits both parties.
Final Thoughts on Relocation
Relocating with a child is a significant decision that can impact familial relationships and custody arrangements. Understanding the legal requirements and best practices for navigating the relocation process in Missouri is crucial for custodial parents.
By following the appropriate steps and prioritizing the best interests of the child, parents can make informed decisions that promote a positive outcome for everyone involved.
While the child custody relocation process in Missouri can be complex, being informed and proactive can significantly ease the journey. Whether you are the relocating or non-relocating parent, understanding your rights and responsibilities will empower you to navigate this challenging time effectively.
Should you need the assistance of an experienced divorce and child custody attorney in Creve Coeur and O’Fallon or have questions about your divorce situation, know that we are here to help and ready to discuss those questions with you.