Child Custody and Relocation Laws in Missouri

These days, many people move frequently—and that's their constitutional right. But when a divorced parent wants to relocate with their children, that can create problems for the other parent. Especially when the move is far away, it can be hard for the left-behind parent to stay actively involved in the kids' lives and maintain a strong parent-child relationship.

To address these potential problems, Missouri law has specific requirements when parents plan to move with their children. Whether you're planning to move with your child or are hoping to prevent your child's relocation, you should know about those requirements and how judges decide whether to allow parents to move with their kids.

The Basics of Child Custody in Missouri

There are two types of child custody: legal and physical custody. Legal custody deals with the parents' right to make important decisions about their children's lives, while physical custody deals with where the children live and how much time they spend with each parent. Parents can share one or both types of custody.

If the parents can't agree on a parenting plan, a judge will decide which custody arrangements are in the children's best interests. When making that decision, the judge must consider all of the relevant circumstances, including a list of factors spelled out in Missouri law. The judge must start with the presumption that it's best for kids when their parents have equal or roughly equal parenting time, but a parent may overcome that presumption with strong evidence that a different arrangement would be in the child's best interests. (Mo. Rev. Stat. § 452.375 (2024).)

Either parent may ask a judge to modify their existing custody order, but they'll have to prove that:

• there's been an unanticipated change in circumstances since the existing order was issued, and
• the requested modification is necessary to serve the child's best interests.

(Mo Rev. Stat. § 452.410 (2024).)

(Learn more about child custody in Missouri, including how judges decide modification requests.)

Missouri's Advance Notice Requirement for Relocations

Under Missouri law, any parent who plans to relocate the child's principal residence for 90 days or more must notify the other parent (or anyone with custody or visitation rights) at least 60 days before the move, by certified mail (with return receipt requested). This advance notice is meant to give the other parent time to oppose the move in court (more on that below).

The notice must provide certain information, including the proposed new address (or city, if the specific address isn't known yet), a brief statement about the reasons for the move, and a proposal for a revised parenting schedule. Details about the notice requirement should be included in your custody order.

The law does allow a few exceptions to the notice requirement:

• A parent may give less than 60 days' notice before relocating with the child if a judge finds that there are urgent circumstances that require moving sooner than that.
• The notice may omit identifying information about the new residence when the moving parent is in Missouri's confidentiality program (for victims of domestic violence and certain other crimes) or a judge finds that it's necessary to protect someone.
• Also, when it's necessary to protect the safety of the child or parent (or another adult), a judge may waive the notice requirement entirely or take other steps to protect the child's best interests and meet the parents' needs.

(Mo. Rev. Stat. § 452.377 (2024).)

How to Oppose Your Child's Relocation

After you've received a notice that your ex plans to move with your child, you will have 30 days to file a motion requesting a court order to prevent the relocation. You'll need to include an affidavit (sworn written statement) spelling out your "good faith" reasons for opposing the move. Those reasons should be based on facts, not just your opinions or fears.

The other parent will then have 14 days to file a response to your motion, along with a proposed revised parenting plan and an affidavit spelling out the reasons for the move.

If you don't file a motion opposing the move within 30 days, the other parent may go ahead with the move once the 60-day notice period is up. But if you do file an objection on time, your co-parent isn't allowed to relocate with the child until a judge rules on the motion.

(Mo. Rev. Stat. § 452.377.8 (2024).)

How Missouri Judges Decide Whether to Prevent a Child's Relocation

At the hearing on a parent's motion to prevent the child's relocation, the other parent will have the burden of proving that:

• they have good-faith reasons for moving, and
• the relocation is in the child's best interests.

When judges are deciding whether the move will be in the kids' best interests, they may consider the same factors that go into initial custody decisions. So parents who are hoping to relocate should be prepared to provide evidence related to those factors. (Mo. Rev. Stat. §§ 452.375.2, 452.377.10 (2024); O'Brien v. O'Brien, 611 S.W.3d 522 (Mo. Ct. App. 2020).)

However, a parent who's planning to move won't have to prove that there's been a substantial change in circumstances—even though the relocation may require changes to the parenting plan. That's true whether the moving parent has sole or joint physical custody. The requirements under Missouri's relocation statute are different than they are in other custody modification cases. (Jantz v. Brewer, 30 S.W.3d 915. (Mo. Ct. App. 2000).)

If the judge decides to allow the relocation despite the other parent's objection, Missouri law requires the following additional orders:

• Unless it wouldn't be in the child's best interests, the judge must order enough parenting time for the nonmoving parent (including custody, visitation, and phone access) so that the child can have frequent, continuing, and meaningful contact with that parent.
• The judge must also allocate transportation costs between the parents and, when it's appropriate, adjust child support to account for those costs.

(Mo. Rev. Stat. § 452.377.11 (2024).)

What Happens If a Missouri Parent Relocates Without Giving Advance Notice?

If a parent doesn't give the required advance notice before relocating with a child, the other parent may request a modification of custody or visitation. However, the notice violation won't automatically justify a modification. Instead, the judge will simply consider it as one factor when deciding whether it would be in the child's best interests to grant the request.

A judge may also consider a notice violation as a reason to:

• order the parent to return the child
• order the moving parent to pay the other parent's attorney's fees and other expenses for objecting to the relocation, or
• find the moving parent in contempt of court, which could result in fines or even jail time.

(Mo. Rev. Stat. § 452.377.6, 452.377.14 (2024); Merriweather v. Chacon, 639 S.W.3d 494 (Mo. Ct. App. 2021).)

Can Parents Reach an Agreement on Relocating Children?

Whether you plan to move with your children or are concerned about how your co-parent's relocation plans will affect your relationship with the kids, you can always make an effort to agree on a change to your current parenting arrangements. Agreements avoid expensive and time-consuming court battles. They can also reduce the stress levels for both parents and kids.

If you can't reach an agreement on your own, you might be able to resolve your differences with custody mediation.

If you're able to agree to a revised schedule of custody and visitation, you may submit the agreement to the court, along with a signed affidavit stating that you both agree to the terms. When you do that, the judge may order the revised custody and/or visitation schedule without you having to go to court. (Mo. Rev. Stat. § 452.377.7 (2024).)

Getting Help With Relocation Requests

Disputes about a child's relocation usually end up in court. Those court proceedings can be complex, especially if you're unfamiliar with the rules of evidence and other ins and outs of the judicial system. That's why it's best if you and your co-parent can settle your disagreements.

But if that isn't possible, at the very least consider consulting a knowledgeable family law attorney who can evaluate your case, explain how the law applies to your situation, and advise you on the best way to move ahead.