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St. Louis Relocation Lawyer

Our Family Law Firm can help you assert your rights as a parent while seeking a viable solution for all parties involved.

Experienced St. Louis relocation lawyer providing expert legal assistance for family relocations, ensuring your rights and best interests are protected throughout the process. Trust us for reliable guidance and support.

Excellent
The Betz Law Firm
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Based on 39 reviews

For legally separated or divorced parents, trying to raise children together can be emotionally trying, even under the best set of circumstances. Tensions can quickly magnify when one of the co-parents proposes to move away with the children. Our firm will aggressively assert your rights as a parent while looking into a viable solution to which the entire family can agree. This type of change in custody is often heavily disputed, but with our help, it is possible to meet both parent’s and children’s needs.

As a full-service family law firm, our team has represented parents on both sides of this volatile issue. Many complex legal issues arise if a parent wishes to move out of the state with the children. This includes physical and legal custody of the children, visitation, and continuation of child support. St. Louis judges have difficulty attempting to weigh the needs of a parent looking to improve their life with the move versus those of the parent who may be deprived of valuable contact with their child.

Missouri Relocation Laws

When setting custody terms, the courts in St. Louis prioritize the needs of the child or children. Both the parents and the presiding judge give much thought and consideration to custody arrangements to ensure that the child’s life is not extensively disrupted and that the child will still benefit from the love and care of both parents.

Regarding relocation laws, Missouri is known to be one of the stricter states and historically will favor the rights of non-custodial parent to have quality time with their children. This is not to say that a custodial parent will never be allowed to move out of state; it is just that the process for them to do so may be difficult. We have helped dozens of parents facing the complexities of attempting to relocate gather and present compelling evidence to the St. Louis family court system.

Distance Allowed

While most states mandate a certain geographical distance a custodial parent can move with their children, Missouri asserts that any move can only be made with the non-custodial parent’s consent, even if it is only a few minutes. The parent who maintains physical custody of the children must provide their co-parent in writing of any intent to move. Failing to do so could result in a contempt of court order for the parent.

It is in your best interest to allow us to help you draft such notifications for the non-custodial parent. The law in Missouri is very clear that the intent to relocate must be sent to the parent in written form by registered or certified mail with a return receipt. The letter’s state has very strict criteria, including where you are moving to and why. It also must include any proposed changes to your parenting plan. This notice has to be given 60 days before you plan on moving.

Contesting a Relocation

Once a non-custodial parent receives the notice of the intent to move or relocate, they have 30 days to contest it. Unfortunately, mediation is usually not a viable option if the parents are at odds, necessitating a relocation trial with a Missouri family law judge. The burden lies with the parent wishing to relocate to present compelling evidence as to why the move is necessary and how it will positively impact the lives of the children. The custodial parent must also prove how she will ensure that the relationship between her children and their other parent will not be affected.

There is no legal statute for a Missouri judge to follow when deciding on relocation cases. Each situation is viewed independently and decided on based solely on the evidence presented. Our team of relocation lawyers can help by presenting the compelling evidence needed to convince the judge that your interests are what is best for the child.

Relocation and Joint Custody

Joint custody of children is common in Missouri. In this instance, the custody terms must be altered if one parent decides to move out of state. During the relocation trial, the judge must decide which parent will have sole physical custody of the children. This will be decided based mainly on the children’s best interests. The judge will look at a variety of factors, including:

  • The child’s wishes if he or she is mature enough to make reasonable decisions.
  • The existing relationship between the child and his or her parents.
  • The physical and mental health of both parents and the child.
  • Which parent is more likely to encourage a continued relationship between their child and the other parent?
  • Who has been the child’s primary caretaker up to this point?

The parent’s interests not seeking to move must be balanced against the prospect that the move could benefit the other parent and the child. This is not an easy decision for a judge and usually depends on how compelling the arguments are from both sides. Our legal team of relocation experts can help you present your arguments in a way that will sit favorably with the judge.

St. Louis Relocation Attorney

Our team has been involved in relocation cases on both sides. If you can present a good reason why relocation is beneficial, we can help you build your argument. If you are a non-custodial parent fighting for your right to be an active part of your child’s life, we will be your advocate in court. In addition to the custody issues surrounding a relocation, we can assist parents with the logistics involved in a long-distance parenting relationship, such as plans for extended visitation during school holidays, travel plans and expenses, contact, and adjustments to legal custody and child support. Although difficult in Missouri, it is not unheard of for both parties to reach an agreement that looks after the interests of everyone involved.

Excellent
The Betz Law Firm
4.3
Based on 39 reviews