Understanding the law for parental relocation in Missouri
For some Missouri residents, child custody and visitation is a concern. One issue that is frequently problematic for both parents is if one wants to relocate. This can impact various aspects of the child custody agreement.
With parental location, it is wise to adhere to the legal requirements regardless of the parent’s perspective. When a parent wants to relocate, the other parent and anyone who is entitled to custody and visitation must be informed via certified mail. This must be done within 60 days of the relocation. The following information must be provided: the location of the new residence; the home telephone number; when the relocation will take place; a statement as to why the parent wants to relocate; and a proposal to adjust the custody and visitation schedule accordingly.
If there is a threat to health and safety, the court can allow the relocating parent to do so without providing the other parent with this information. When a relocating parent does not provide the information without court approval, the court can consider the following: the custody and visitation and if it should be modified; if the child should be returned because relocation was done without notice; and whether the parent who sought relocation should pay for fees and legal expenses incurred by the objecting parent.
The parties can agree to their own modification of custody and visitation as part of relocation. Once the court approves the relocation, the other parent will still be granted reasonable access to the child. Parental relocation can be a complex issue in family law. There are many others that can spark dispute. For divorce, post-divorce modifications, child custody, relocation and more, legal advice might be important. A law firm with experience in family law may be able to help.