Relocating after a divorce can be challenging, especially when children are involved. Parents may want to move for various reasons, such as a new job or to create a fresh start. However, Missouri law has strict requirements for relocations to protect children’s best interests and ensure the other parent’s rights are respected. It is essential to understand these legal obligations before planning a move.

What Counts as “Relocation” Under Missouri Law?

In Missouri, the term “relocation” has a specific legal meaning. According to the Missouri Revised Statutes, § 452.377 relocating refers to any change in a child’s primary residence for 90 days or more, which significantly alters their living arrangements. This includes moves that are:

• Out of the state of Missouri
• More than 90 miles within the state 
• That significantly impact the existing custody or visitation schedule

If your move meets the criteria listed below, you will need to comply with Missouri’s statutory notice requirements prior to relocating.

Legal Notice Requirements for Relocating Parents

Missouri law requires parents seeking to move with their children to provide written notice to the appropriate authorities at least 60 days before the intended move. This is required by § 452.377.2 of the law.

The notice should be sent by registered mail with a return receipt, and it should include:

• The intended new address and current address.
• The home telephone number (if known).
• A reason for the proposed move.
• A proposed revised custody and visitation schedule.

Failure to provide proper notice can have serious consequences, such as court sanctions, fines, or changes in custody arrangements.

When a Parent Objects to the Relocation

The non-moving parent has the right to express their opinion. If they do so, the moving parent will need to obtain permission from the court before relocating with the child. The court will determine whether the proposed move was done in good faith and whether it is in the best interests of the child, in accordance with §452.377.9.

Missouri courts typically consider several factors when making decisions about custody arrangements. These include:

• The child’s relationship with each parent
• Educational opportunities available at the proposed new residence
• The ability to maintain meaningful contact with the parent who will not be moving
• Each parent’s reasons for wanting or opposing the relocation

The burden of proof lies with the parent seeking to relocate.

Common Legal Challenges in Missouri Relocation Cases

Relocation disputes can be emotionally charged and legally complicated. Some common challenges include:

• Disagreements about what is in the child’s best interest, especially when both parents are involved
• Concerns about reduced time spent with the child for the parent who is not relocating
• Allegations of bad faith, such as relocating to limit the other parent’s access
• Modifications to custody arrangements or child support payments that may occur when there is a relocation request

Courts have wide discretion in these matters, which makes skilled legal representation crucial.

How Relocation Can Impact Custody Orders

When relocating with a child, it may be necessary to modify the existing custody agreement. Missouri courts have the authority to do so under § 452.410 if there has been a significant and ongoing change in circumstances that requires a change in custody to best serve the child’s interests. 

In some cases, the court may deny the request for relocation altogether or, in very rare situations, grant primary custody to the parent who does not relocate.

Why Legal Guidance Matters in Relocation Cases

Relocation cases require strict adherence to statutory procedures, thorough evidence, and compelling legal arguments. Trying to handle a relocation case without the assistance of an attorney may put your custody rights at risk.

At Columbia Family Law Group, LLC, we have more than 35 years of combined experience in Missouri’s family law cases. We understand that every family is different and provide a personalized approach to each case we deal with.

Our team works with parents to determine the best course of action. This could mean mediation, negotiation or legal action. We have a certified mediator on our team, which allows us to seek peaceful resolutions where possible, while being fully prepared for a contested hearing if needed.

Protecting Your Rights and Your Child’s Future

Moving with children after a divorce in Missouri is not just a matter of logistics. It is also a legal process with long-term implications. Whether you are considering moving or opposing a move, having legal representation can significantly impact the outcome.

If you are going through a divorce or facing a post-divorce relocation situation, it is not advisable to navigate the Missouri family law court system alone. Columbia Family Law Group, LLC is dedicated to providing clear communication, effective representation, and client-centered advocacy. Contact us today to discuss your case and protect what is most important – your family and your future.