Reviewing the rules for parental relocation

On behalf of Stange Law Firm, PC posted in Child Custody on Friday, September 1, 2017.

Like many divorced parents in Springfield, you may worry your ex-spouse will decide to move away and attempt to take your kids along. Or, along the same lines, that you might be asked to relocate for your job. Either event would almost assuredly throw your custody arrangement into flux. Not to worry; we at the Stange Law Firm are here to tell you that your ex simply cannot up and move without telling you, or that you will be unable to rearrange your agreement in order to accomodate your own relocation.

Say that you did need to move away. According to Section 452.377 of Missouri’s Revised Statutes governing domestic relations, you need to give notice of your intended move to all parties involved in your case (including your ex) at least 60 days prior to you relocating. In that notice, you must the following information:

  • Your new address (or the city you will be living in if you have yet to find a residence)
  • The phone number of your new residence (if known)
  • The date you intend to move
  • A proposal for a revised custody agreement.

If you have custody of your children and want to take them with you, you must also offer a reason why they should come along. The burden of proof, in a relocation case, is on you to show why it would be in their best interests to go with you.

What if your ex-spouse tries to move away without telling you? The court can order that your kids be returned to the state, and will consider such actions in determining your custody arrangement going forward. He or she may also be ordered to cover your legal costs in getting the kids back.

More information on child custody issues can be found by continuing to explore our site.

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