Legal Question in Family Law in Missouri

Moving to a different part of the same state

Right now I live in St. Peters, Missouri and I am getting married. My fience lives in Kansas City, Missouri. We feel that it would benefit us better if me and my daughter move there. The schools are rated higher than the schools where we are currently at which is just another reason we feel this is the best move for us. It is in the same state as my ex lives and he is threatning me and telling me he is not going to allow her to move. She wants to move with us and I need to know if I have anything to worry about. There are several things in our court papers that he has not followed through with as the non custodial parent. Does he have any right to keep us from moving? We are willing to drive half way every other weekend so he can still see her on his weekends.

I look forward to hearing from you and I hope you can help me.

Thank you!


Asked on 11/14/06, 4:57 pm

2 Answers from Attorneys
Jeffrey Carey Carey Law Firm, LLC

Re: Moving to a different part of the same state

You need to review Missouri statute 457.377. You are required to give written notice, via certified mail, along with other requirements. Your ex can oppose the move and the Court will need to determine if the move is in the best interests of the child.

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Answered on 11/14/06, 5:46 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Moving to a different part of the same state

This problem has become so common is recent years that we refer to one of these as a "relocation case". In just the last few years the legislature has even enacted a statute dealing specifically with this issue. Assuming that you are the custodial parent and wish to relocate, you must give your ex written notice including all of the information required by the statute. Your ex then has sixty days to file a Motion in Court Objecting to your moving with your daughter. You should definitely be represented by an attorney. Many times we are able to work out an agreement which provides the non-custodial parent substantial time with the child and also provides for transportation, expenses and other matters. When a settlement is not possible, you can have a hearing at which the Judge will receive evidence and make the decision on whether you are allowed to relocate with the child or not. I am in St. Louis County and have had cases such as this in several of the Counties surrounding St. Louis. If you do not already have an attorney, you may call me for a free telephone consultation.

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Answered on 11/16/06, 1:14 am


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