Can I Relocate With My Child After a Divorce?

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Divorce can be hard for spouses as well as their children, and sometimes after a divorce, a parent may want to relocate for either personal or professional reasons. Unfortunately, when children are involved, the decision to move is much more complicated in Missouri. At the Johnson Law Firm, our dedicated family law attorneys are here to answer all your legal questions and represent your interests throughout this difficult process. To learn more, call or contact our office today.

Missouri Relocation Law

Missouri relocation law has fairly strict laws regarding relocation with a child, which is defined as a change in the child’s main residence for 90 days or more. If the move is short-term for less than 90 days the relocation laws do not apply. A parent who wishes to relocate with a child must inform the other parent at least 60 days in advance, although in emergency circumstances the period may be shortened. The notice provided must contain all the information about the new address, phone number, date of the move, why the relocation is happening, and a proposed amended child custody schedule. Failure to provide proper notice can result in a modification of the child custody agreement, return of the child to the other parent, and the payment of attorneys’ fees to the non-relocating parent.

Factors Considered in Relocation

In order for the court to agree to a relocation, a parent must first show that it is in good faith, or not done solely to interfere with the other parent’s custody and visitation. Second, the relocating parent must provide proper notice, and third the parent must show that the move is in the best interests of the child. The judge will weigh the following factors when considering whether the relocation is in the child’s best interests:

  • The parents’ wishes
  • The custody and visitation plans submitted by each parent
  • The child’s need for a frequent, continuing, and meaningful relationship with both parents
  • Each parent’s willingness and ability to actively perform parental duties
  • The interaction and relationships of the child with parents, siblings, and any other person who plays a major part in the child’s life
  • How well the child is adjusted to home, school, and community
  • The mental and physical health of the parents and child
  • Any history of abuse
  • Whether either parent intends to relocate the child, and
  • The child’s wishes, if the child is old enough

An experienced family law attorney will be able to advise you on the proper steps for filing a request for relocation as well as be able to make the best possible arguments for your case. To learn more, talk to our office today.

Call or Contact Us Now

Whether you got a new job or simply wish to start fresh after a divorce, the Johnson Law Firm can help with your relocation request to move with your child. To learn more, call the office or contact us today to schedule a consultation of your case.