Relocating Your Children After Divorce in Missouri

If you get divorced in Missouri and you have children, you are required to provide notice to your former spouse if you want to move. This is required by Missouri state statute 452.377RSMo. This statute gives a procedure by which you must give notice that you are moving and what the notice must contain. This applies whether you are moving down the street or you want to relocate your children to another state. It is necessary for any permanent change of address, which usually means a change of address for more than ninety days.

The first thing you must do is send a certified letter to your former spouse at least sixty days prior to the move. If you are unable to send the letter at least sixty days before you move, such as in the case of a sudden job transfer, you must get court permission to move immediately by filing a motion to relocate with the court. The statute requires specifically that a certified letter is necessary- you cannot just send a regular letter or make a phone call to your former spouse. If you fail to follow this requirement, the court can make you return to your former residence if the other parent contests you moving. The court can also use your moving without following the procedure as a basis to modify custody of your children. This means that you could lose custody of your children if you move without following the proper procedure. It is very important that it be followed exactly.

The certified letter must contain certain information to be valid. First, it must contain where you intend to move to. This means the specific physical and mailing addresses, as well as home telephone number, if you know them; if you do not know them, you must provide the city and state. Second, it must contain the date you intend to move. Third, it must contain a brief statement of the reason you want to move your children. Lastly, the letter must contain a proposal for a new schedule of custody or visitation with the children if one is necessary. If, after you send the letter, any of the information changes you must immediately provide that information to the other parent.

After you give notice, your former spouse has the opportunity to object to the relocation. He must do so by filing a motion with the court to prevent relocation withing thirty days after the notice of your proposed relocation is received. You would then have fourteen days to file a response to the motion. If he files a motion, then the court schedules a hearing. At the hearing, it is up to the relocating parent to show that the proposed move is in good faith and in the best interests of your children. It cannot be specifically to deny the other parent visitation. The court can then either allow the move or not allow the move. If the court permits it, the court will order a schedule of visitation that is in the best interests of the children and that allows for frequent contact with the other parent and specify how transportation is to take place and who bears the cost of the transportation.

If the other parent agrees to the relocation, then you should submit the new schedule of visitation to the court along with a written affidavit signed by both you and your former spouse agreeing to the move and schedule of visitation. This protects you in case the other parent later decides they do not like the visitation schedule and attempts to say that there was no agreement. While it is an additional protection, it is not required by law.

There is an exceptional circumstance in which the party seeking to relocate is not required to disclose all of the information required by statute. If the court decides that the health or safety of any of the adults or children involved is at risk by disclosing the information, the court may order that the information not be disclosed. The court may also take other actions that it feels are necessary to protect everyone involved and meet the best interest of the child. If you require this type of protection, you should consult an attorney. If you cannot afford an attorney, you should contact the Legal Services program that serves your area.