Missouri Child Custody Relocation
In most divorce cases, the parent without custody still wants to be active in the child’s life. When the parent with custody decides to move out of Missouri or the St. Louis area, it becomes a lot more difficult. The Carson Law Firm will help you with your relocation.
– Relocation is the type of custody situation that parents often don’t imagine dealing with until it becomes a reality.
The Carson Law Firm understands that relocation is a difficult issue, no matter which side of the case you are on. If you don’t have custody, you feel like a very important part of your life is being taken away, and know that your children deserve to have you in their life. If you are the parent with custody, your move could mean a better job or living arrangement, which in turn would also be better for your children.
Missouri Child Custody Relocation Laws
In case one parent has to move to another city, out of state, or even out of the country, the State of Missouri has laws that determine a particular timeline of the events that parents have to follow before they actually begin their move. In addition, these laws also outline strict notice requirements.
A relocating parent has the obligation to notify the other parent. He or she has to provide notice of the intended move at least 60 days before the move. This gives parents the chance to talk about the move and whether it is the best solution. Moving without this notification can affect the parent’s ability to relocate.
The written notice of intent to move has to include specific information, such as the mailing address, the home telephone number of the new residence, and the date of the intended move. Also, notice must include a proposal for a revised parenting plan as well as a custody or visitation schedule.
The non-custodial or the non-moving parent can object to the relocation by filing a motion with the court. In that motion, the parent can outline why they object to the move. If the non-custodial parent fails to file this motion within 30 days, their objection will most likely be waived and the move will be permitted.
In case parents don’t agree on the fact that the move would be in the best interests of the child or children and a non-moving parent files a formal Objection to Relocation, a judge will have to give the final decision on this matter by permitting the move or prohibiting it.
Smooth child custody cases can easily become difficult and painful when relocation is added to the mix. If you are a divorced parent who is planning to relocate, call The Carson Law Firm for experienced legal advice on your options and alternatives.
If your child’s custodial parent is planning to relocate with your children, The Carson Law Firm will work with you to develop a plan to protect your rights as a parent.
How Can a Child Custody Relocation Attorney in Missouri Help You?
In the State of Missouri, you can’t relocate your child anywhere, not even next door, if you don’t have legal permission. If a parent moves a child without permission, he or she risks the loss of his or her custodial rights.
If you are a relocating parent, and the other parent disagrees with the move, you have to prove to the court that you are acting in good faith and not trying to ruin the other parent’s relationship with the child.
When the relocation offers benefits that would improve the child’s life, Missouri courts may compare these benefits with the downsides a child would experience if the move was denied.
Family law cases and child custody battles can be complicated and exhausting. Usually, both parents believe they have custody of their child or children and have their own version of what is in their best interest. A sensitive and skilled family law attorney can help you make the best decisions for your family. The Carson Law Firm is well-versed in child custody issues as well as child relocation laws and can help you navigate this process.