If a parent wants to change the residence of a child in Missouri, that parent needs to notice to the other parent by certified mail setting forth the following 4 things:
1. The new address or, if the exact address is not known, the City and State of the new residence;
2. The moving parent’s new home telephone number, if known (the home telephone number may be a cell phone);
3. The date that the moving parent wishes to move; and
4. If it will be required, a proposed modification to the visitation/temporary custody schedule.
If any information is not known at the time that the notice is given, the parent who wants to move must supplement the notice as more exact information becomes available.
If the non-moving parent opposes the proposed change in the child’s residence, a motion must be filed within 30 days of receipt of the notice.
If such a motion is filed, the advice of an experienced family law attorney should be sought by the parent who wants the child to move because pleadings in response need to be filed on a very tight, short deadline and missing a deadline can have catastrophic effects.
If no opposition to the move is filed, the parent who sent the Notice may move the child sixty days after the Notice was given. At this point, the advice of an experienced family law attorney should be sought to insure that the law is properly followed.
In extraordinary circumstances, the Court may waive the requirements of the law regarding the Notice or the timing of the Notice when doing so is necessary to protect the health or safety of a child or of any adult, but only to the extent necessary.
“Relocation cases” are difficult and demand the services of an experienced and skilled attorney.