On behalf of Stange Law Firm, PC posted in child custody on Thursday, January 23, 2020.
In Missouri and other areas in the Midwest, child custody and visitation are key elements of any divorce. Once the custody is determined, changes can be complicated. This is especially true if the custodial parent seeks to relocate with the child. It can cause difficulties not just with the noncustodial parent having the time he or she expects to have with the child, but also with the duration and details of the entire process. For both parents, it is important to understand the law for a relocation, if it is for longer than 90 days.
Changing the residence in a relocation under this law does not apply for temporary circumstances. When there is a notice that the parent wants to relocate, the other parent or anyone with visitation rights must be informed within 60 days of the relocation unless it is an emergency. The notice must detail the following: the new residence and its address; the telephone number; the date when the move will take place; a statement as to why the move is being made; a proposal to revise the custody and visitation agreement; and the other party’s right to move to object to the relocation.
If there is a failure to provide notice as to the potential relocation, the court can view it as the following: a determinative factor in whether to adjust the custody and visitation agreement; the basis to order the child to be returned if there is a relocation without notice; and cause to order the relocating party to pay the fees incurred by the other party for the objection.
Whether it is from the perspective of the custodial parent who is trying to relocate with the approval of the other party or the noncustodial parent who is concerned or outright objects to the move, it is wise to to understand one’s case. Many of these situations can be negotiated without an extended dispute. Others are more contentious. Regardless, it is in the child’s best interests to avoid rancor and conflict.