In Missouri, any divorce case involving children will include a parenting plan setting out the legal and physical custody of the children, as well as support issues. One of the items included in any plan for custody is a relocation provision. That relocation provision outlines the requirements for relocation as dictated by statute, namely RSMO §452.377.
Whether you want to move across the street or across the country, absent an emergency situation, you have to provide at least 60 days’ notice to the other parent of your proposed move via certified mail, return receipt requested. You have to include specific information in that letter including: the new address, home phone number, date of the intended move, brief statement of why you want to move, and a proposed change in custody or visitation (if there will be any change to the schedule.) The other parent can then object to the move and file a motion in court to prevent the proposed move.
Failing to provide the required notice and information can result in a motion for contempt being filed in court. The contempt case may result in sanctions or even a change in custody that is not to your benefit, so it’s often a good idea to consult with an attorney before considering any move.
For this or other family law questions, please contact one of the family law attorneys at Sandberg Phoenix.
