Relocation Attorney in St. Louis
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When either parent has to relocate their residence, whether it be out of state, out of the country, or across town, the law in Missouri has established a specific timeline of events that the parent has to comply with prior to their move. The St. Louis family lawyers at our firm have a strong understanding of these laws and can help ensure you remain in compliance.
Pedano, O’Shea, McGavic & Hogenmiller, LLC knows that this can be a stressful and overwhelming time, especially with your and your child’s future on the line. The good news is that our legal team is here to help you navigate the entire process. When you come to our firm, you will receive personalized legal support and guidance every step of the way.
What should you do before moving?
The Missouri relocation statute is intended to ensure that the non-moving parent is advised well in advance of their former partner’s new address. This is to allow the parties to discuss the move and determine whether it is in the best interests of the children before the moving party is committed.
In cases where the parents can agree that the move is a good thing, then they can establish a modified parenting plan if the move makes the current parenting plan unworkable. However, in cases where the parties cannot agree on whether the move is in the best interests of their children, the law provides a framework for taking the issue to court for a judge to decide.
Elements of the Certified Letter
In Missouri, the law regarding relocations of children is set forth in RSMo. §452.377. This section of law requires that the parent who is planning to move provide the other parent with a certified letter at least 60 days prior to their intended relocation date.
- The letter must include the five following elements if applicable:
- The street and mailing address of the new location, or the city if the address is unknown
- The home telephone number of the new residence if there is one
- The proposed date of the intended move or relocation of the other parent
- A statement that provides the reasons for the parent wanting to relocate with the child
- A new proposed parenting plan, visitation schedule, or updated custody agreement
A failure of the moving party to strictly comply with this statute can have extreme consequences, including a reduction in your custody time with the children, or a loss of legal or physical custody.
Once this certified letter is received by the non-moving parent, they must determine whether they agree or disagree with the proposed move within 30 days. In the case the non-moving parent agrees with the move, then it may be necessary to negotiate a revised parenting plan to account for the new address of the children.
In the case the non-moving parent disagrees with the move and feels it will be detrimental to the children, then they must file a formal Objection to Relocation with their local court within 30 days. This 30 day deadline is extremely important, and a failure to file the objection within this period may result in a waiver of your right to object to the move.
Choose Our Compassionate Firm for Your Case
The relocation of children, no matter what the distance, is an extremely complicated and complex issue under Missouri law. At Pedano, O’Shea, McGavic & Hogenmiller, LLC, we offer knowledgeable counsel regarding the legal process to individuals in Chesterfield, St. Charles County, and St. Louis, and we are prepared litigate on our clients’ behalf if necessary.
Do not wait to get the support you need! We encourage you to contact our firm in Chesterfield today to discuss your relocation case. Fill out a free case evaluation to get started now.