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Relocation

Relocation Mother with moving boxes and child

Filing or Objecting to a Relocation in Missouri

In Missouri, once parents have a court order or judgment from the Court, a parent cannot simply move with a child without addressing specific legal requirements. According to Missouri law, any relocation—whether out of state or even within the state (including down the street)—must follow a detailed process outlined in Missouri Revised Statute 452.377:

1. Notice of Relocation: The relocating parent must formally notify the other parent through certified mail, return receipt requested (not by text message, email or verbally).at least 60 days before the intended move. This notice must include:

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

2. Objection to Relocation: The non-custodial parent has 30 days from receiving the notice to file a formal objection with the court. If no objection is filed, the move may proceed.

3. Court Determination: If an objection is filed, the court will decide whether to allow or deny the relocation based on the best interests of the child. 

RELOCATION LAW

FAQ

What factors will the court considering when evaluating a relocation request?

When deciding relocation cases, Missouri courts evaluate several factors, including:

  • The potential impact of the relocation on the child’s relationship with both parents;
  • The relocating parent’s reasons for the move;
  • The non-relocating parent’s reasons for objecting;
  • The educational, emotional, and physical needs of the child;
  • The ability to establish a workable custody or visitation arrangement after the move; and
  • Whether the move will enhance the child’s quality of life.
What should I consider before relocating?

First, and most importantly thing to consider is that you have strictly complied with R.S.Mo 452.377. Failure to strictly comply with all of the requirements of this statute will almost always result in the objecting parent winning and the child not being able to relocate.

Second, relocations are extremely difficult to win. Courts almost always desire the child to remain where they are and hardly even sustain a party’s request to relocate. That is why hiring an aggressive attorney to pursue or object to one parent’s request to relocate can make all the difference. 

Can I ask for my spouse to pay my attorney fees?

Yes, in Missouri, it is possible to request that the opposing party pay your attorney fees. This request is typically made through a Motion filed with the court or a request during trial. It is up to the judge to decide whether to grant the request based on the circumstances of the case. However, in Missouri, we operate under what is called the “American Rule”, which states that both parties are presumed to pay their own attorney fees. The presumption can make it difficult to get the other side to pay your attorney’s fees.

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