At The Betz Law Firm, we help parents navigate this sensitive process with clarity, compassion, and trusted legal guidance.
Relocating after a divorce can be a complex decision, especially when it involves a minor child. Missouri law takes relocation seriously and outlines specific legal steps that must be followed to ensure the move is lawful and in the best interest of the child.
Understanding Missouri’s Relocation Law
Under Missouri Revised Statute § 452.377, a parent seeking to relocate with a minor child must provide written notice to the other parent at least 60 days in advance of the intended move. This requirement applies whether the move is within the same town or across state lines.
The written notice must include:
- The new address and phone number (if known)
- The date of the intended move
- The reasons for the relocation
- A revised proposal for custody and visitation, if needed
Failure to comply with this notice requirement may result in legal penalties and could jeopardize the relocation altogether.
What Happens After Notice Is Given?
Once the written notice is provided, the non-relocating parent has 30 days to file an objection with the court. If no objection is filed, the relocating parent may proceed, assuming the move aligns with the child’s best interests and the court has no concerns.
If an objection is filed, the court will schedule a hearing to evaluate whether the move is in the child’s best interest. During this process, both parents can present evidence and testimony.
Key Factors the Court Considers
In evaluating relocation requests, Missouri courts focus on the best interest of the child, considering:
- The motivation of the relocating parent
- The impact on the child’s relationship with the other parent
- The educational and emotional opportunities at the new location
- The feasibility of preserving visitation rights
- Any history of domestic violence or abuse
Practical Tips for Parents Considering Relocation
- Start early. The legal process takes time. Begin the conversation and legal filings well in advance.
- Be transparent. Honest communication with the other parent and the court builds trust.
- Keep the child at the center. Focus on how the move will benefit the child emotionally, academically, and socially.
- Consult an attorney. Relocation cases are fact-specific. Legal guidance ensures compliance and protects your rights.
How The Betz Law Firm Can Help
As a locally owned family law firm in St. Louis, The Betz Law Firm brings both legal insight and community understanding to relocation matters. We walk alongside our clients, helping them frame their request with clarity and intent, while striving to preserve co-parenting relationships when possible.
Relocation can be challenging, but with the right legal framework, it can open the door to new opportunities for both parents and children. If you are considering a move and need guidance, our team is here to help you take the next step with confidence.