Missouri Divorce Law on the Custodial Parent Moving Out of State

Missouri Divorce Law on the Custodial Parent Moving Out of State thumbnail
Parents must consider whether relocation will affect their child custody arrangements.

Divorced parents usually have a custody arrangement from the court which adjudicated their divorce. A custodial parent should learn about the relevant Missouri child custody laws before moving out of state.

  1. Time Frame

    • According to the Missouri Bar, parents with a pending divorce case cannot take their children out of state. After a couple has finalized their divorce, they must generally adhere to their court-approved child custody arrangements unless they have obtained permission for a change. Typically, a custodial parent must give written notice to the other parent at least 60 days before a planned move and receive the court's permission in advance of their move.

    Significance

    • The court can consider many factors, including the custodial parent's reasons for moving, job opportunities or remarriage. Overall, the court must focus on the child's best interest.

    Effects

    • Relocation generally does not have an effect on whether the non-custodial parent must pay child support. However, the Missouri Bar cautions that the custodial parent may need to contact the child support agency near his new home for help with enforcement.

    Warning

    • As relocation without court approval can result in legal consequences, a custodial parent should consider hiring a family law attorney before moving away.

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  • Photo Credit child in a carseat image by Renata Osinska from Fotolia.com

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