With the job market in constant flux, more people are pursuing opportunities in different cities and states. As such, more divorced and separated parents are relocating to new communities to take advantage of career opportunities. When these situations arise, family court judges must make difficult decisions while considering a number of competing interests. Does the court allow the move, knowing that the non-relocating parent may forfeit a strong relationship with a child? Or does the judge disallow the move despite the potential financial rewards for the relocating parent. This article will highlight basic tenets of Missouri child custody law and explain the standard relocating parents must meet when seeking to change a child's primary residence.
Child Custody Basics - What Courts Consider
Like many states that incorporate the UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act), Missouri defines custody in two respects: legal custody, which grants parents the right to make important decisions in the child's life (i.e. decisions about school, medical treatment, religion), and physical custody (where the child lives or spends a majority of time). Parents may share custody (joint legal/physical custody), or custody may be vested in one parent (sole physical/legal custody).
Custody decisions are based on what is in the best interests of the children. This means that the children's welfare is foremost. Family court judges are not interested in which parent is "the better parent" (i.e. who makes the child laugh the most, or who is the disciplinarian). Instead, courts look at whether a parent can provide a safe, loving home, as well as stability and proper guidance. With that said, courts consider specific factors that are important to a child's welfare, such as the sense of continuity within the home, which parent has been the primary caregiver, each parent's past and potential for maintaining parenting responsibilities in the future.
Courts also look for a history of sporadic movement and instability with either parent. Further, parents with violent criminal histories or of civil protection orders face an uphill battle in obtaining custody.
Resolving Relocation Cases in Missouri
When a custodial parent seeks to move with a child, it certainly depends on where the new residence will be. A move from St. Peters to Melville, or even from St. Louis County to Lincoln County, usually will not require court intervention. However, a move to another state will require the court's approval.
Before moving, the relocating parent must send the other parent written notification of their plans, including where they intend to move, as well as a notice that the non-relocating parent may petition the court to oppose such a move. The notice should be sent to the other parent within 45 days (at minimum) before the proposed move to allow the other parent enough time to file an objection and to be heard by the court.
Sometimes parents can agree on changing their parenting time schedule to accommodate the move. They may agree to maintain the current custodial arrangement, while only modifying pick up and drop off times. However, courts will consider a relocation motion if a parent opposes relocation. In deciding these motions, the court will consider a number of factors related to what is in the best interests of the child, including:
- Each parent's reasons for seeking (or opposing) the move
- Whether the move would prevent the non-relocating parent from having reasonable access to the child
- The relative distance of the move
- The quality of the child's relationship with each parent
- The child's current community and school, and the effect the move will have on the child.
In relocation cases, both parents tend to mean well, and have established strong relationships with their children. The difficulty is in balancing the needs of the child (to have both parents in their lives) with the relocating parent's right to pursue genuine opportunities for financial success. Courts must also make certain that the relationship between the child and the non-relocating parent is not compromised in light of career advancement.
Aside from balancing interests, courts will not allow relocation if it is meant to "punish" the other parent for other transgressions (such as child support arrears, or other romantic relationships). Courts will also block moves intended to prevent other family members from maintaining a relationship with the child.
By working with an experienced family law attorney, a parent seeking a move can understand the all the issues involved, as well as the likelihood of the court allowing (or blocking) the move.
