Because your child is involved, if eitheryou or your former spouse wants to move to another part of the city or to the other sideof the world, in Missouri there are a set of statutes to follow so that the child isn’tharmed by the move. A party seeking to relocate must send viacertified mail notice at least sixty days in advance of the proposed relocation, andthe notice must include several components, including the proposed date of relocation,the proposed new address and phone number, the reasons for the proposed move, and a proposednew schedule of physical custody. Once a party receives a relocation notice,that party cannot just sit back and wait;
doing so will result in allowing the relocationto proceed. If a party wishes to prevent relocation, that party must file a Motion and Affidavitto Prevent Relocation within thirty days of the receipt of the relocation notice. Thisis a strictly enforced deadline. After the filing of the Motion and Affidavit, the partyseeking relocation has fourteen days to file a response, and the matter will be set fora hearing before the court. A trial court can only grant relocation ifit finds it was made in good faith and is in the best interests of the child. Whilethese criteria seem a bit ambiguous, and do give the trial court a great deal of discretion,they have more specific meaning. If a relocation
isn’t made in Good faith, it simply meansacting with an improper motive, usually with the intent to deprive the other parent offrequent and meaningful contact with the child. But of course, the Best Interests Standardrequires the court to apply the same factors as in any custody decision. Relocation cases usually involve thoroughexamination of the financial basis of the proposed move, the attempt by the relocatingparent to find suitable employment without relocating, and the impact on the childrenof changing schools and communities. Making a successful case on either side of the relocationissue requires presentation of extensive evidence,
and can require retention of experts and eventhe appointment of a guardian ad litem. Consequently, relocation cases are complex and require theskill of an experienced attorney..
Notary Public Wilmington NC 910 8278171 Notary Wilmington North Carolina