Every child custody court order in Missouri includes duties which are the responsibility of the custodial parent. One such duty is to provide notification to the non-custodial parent if you have plans to relocate with their child. This notification requirement applies to a change in the principal residence of a child for a period of ninety (90) days or more, but does not include a temporary absence from the principal residence (such as vacation, summer camp, etc.). This notice must be given whether you plan to move across the country or across the street.
REQUIREMENT: WRITTEN NOTICE
Section 452.377 of the Revised States of Missouri lists the notice requirements in full. A summary is provided here:
At least sixty (60) days prior to your proposed relocation, you must send a written notification to the other parent (or any person entitled to custody or visitation) by certified mail, return receipt requested. The notice of the proposed relocation must include the following information:
(1) The intended new residence, including the specific address and mailing address. If you do not yet know what your specific mailing address will be, you must at least include the city and state;
(2) The home telephone number of the new residence, if known;
(3) The date of the proposed relocation;
(4) A brief statement of the specific reasons for the proposed relocation of a child, if applicable; and
(5) A proposal for a revised schedule of custody or visitation with the child, if applicable.
Your obligation to provide this information to each other continues as long as you or any other party are entitled to custody of a child covered by a court order.
Failure to provide the proposed relocation notice may result in further litigation to enforce the original order, and may also include a motion for contempt of court, for failure to comply with the notification requirement. In addition, failure to notify a party of a relocation of the child may be considered in a proceeding to modify or change custody or visitation. Reasonable costs and attorney's fees may be assessed against you if you fail to give the required notice.
AGREEMENT OF PARTIES TO RELOCATION
If the parents (or others entitled to visitation with the child) agree to a revised schedule of custody and visitation for the child, which must include a parenting plan, they may submit the following to the court: (1) the agreement, and (2) a written affidavit signed by all interested parties which shows their assent to the terms of the agreement. If the court deems it appropriate, they may agree to enforce the revised parenting plan and applicable visitation schedule without a hearing.
OBJECTION TO RELOCATION BY PARENT
The residence of the child may be relocated sixty (60) days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty (30) days after receipt of such notice. The motion must be accompanied by an affidavit setting forth the specific reasons for objecting to the relocation.
The person seeking relocation must file a response to the objection within fourteen (14) days (unless more time is granted by the court) and must also include a counter-affidavit setting forth the facts in support of the relocation as well as a proposed revised parenting plan for the child.
OBJECTION TO RELOCATION BY THIRD PARTY
If relocation of the child is proposed, a third party (a non-parent who is entitled by court order to legal custody of or visitation with a child) may request a revised schedule of legal custody or visitation, but shall not prevent relocation.
Any party who objects in good faith to the relocation of a child's principal residence shall not be ordered to pay the costs and attorney's fees of the party seeking to relocate.
RELOCATION HEARING
If the parties are unable to agree on a new custody and visitation schedule, the court will hear evidence from both parties. The party seeking to relocate will have the burden of proving that the proposed relocation is made in good faith and is in the best interest of the child (which is not necessarily the same as being in the best interest of the parent).
If the judge permits relocation:
(1) The court will order contact with the non-relocating party, including custody or visitation and telephone access, to assure that the child has "frequent, continuing and meaningful contact" with the non-relocating party, unless the child's best interest warrants otherwise; and
(2) The court shall specify how the transportation costs will be allocated between the parties and make any necessary adjustments to the child support.
WHY SHOULD YOU COMPLY?
Violation of the provisions of this section or a court order under this section may be deemed a change of circumstance under section 452.410, allowing the court to modify the prior custody decree. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri Supreme Court.
