Typically when a marriage ends in divorce in Missouri, a custody and visitation plan is entered by the court setting forth the rights of each parent. Often times, one parent stays in the family residence and one establishes another residence in the same area. Sometimes following a divorce, circumstances may change and a parent with custody of a child may wish to relocate along with the child. In Missouri, there are strict rules in place regarding child relocations.
Missouri has a statute that governs child relocation after a divorce, R.S.Mo. 452.377. That statute defines relocation as a change in a child’s principal residence lasting 90 days or longer. The statute further states that notice of any proposed relocation must be given to anyone that has custody or visitation rights with respect to the child being relocated. Certain information must be contained in the notice, and the notice must be provided at least 60 days prior to the proposed relocation date. The child may then be relocated once the 60 day period expires, unless a parent files a motion with the court asking the court to prevent the proposed relocation. If such a motion is filed timely, then the court will decide whether the proposed relocation is in the best interest of the child.
If you are facing a situation involving a child relocation following divorce, please contact the attorneys at Ponder Zimmermann LLC.