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How do I go about getting the court's permission to move out of state with my children?

Winfield, MO |

My husband recieved sole legal custody of his daughters 5 years ago. His youngest who is 11 still chooses to live with us. We have the oppurtunity to move to Washinton state, where my family is buying us a house. My husband's ex is not likely to grant us permission to leave the state with the 11 year old out of spite. What legal options are available to us?

Attorney Answers 1


Relocation of a child is governed by Section 452.377 RSMo.

The statute requires the parent seeking to relocate the child to give 60 days' advance notice of the proposed move to the other parent. The notice must be given via certified mail to the last known address of the other parent.[FN2] Unless otherwise excused by the court, the notice must contain:

1. the intended new residence, including the specific address and mailing address, if known, and if not known, the city;

2. the home telephone number of the new residence, if known;

3. the date of the intended move or 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

Once notice is given, the burden falls upon the receiving parent to file a motion opposing relocation within 30 days following receipt of the notice.

If the reciving parent objects, a hearing must be held and the court will determine if it is in the best interests of the child to allow the relocation. Just because it may be good for the parents does not mean it is in the child's best interests.

You should consult a family law attorney before you commit to moving.

This response is intended to be a general statement of law that should not be relied upon as legal advice and does not create an attorney/client relationship.

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