Under Missouri law, once a child custody order is in place by a Missouri Court, that Court has jurisdiction over the child for purposes of determining custody. As such, you are usually “locked in” to that County’s Court for some time. Accordingly, special procedures need to be followed if one parent wants to move a child out of the state permanently (thereby creating a new principal residence) .
452.377 RSMo governs child relocation by a parent or legal guardian. In order to properly effectuate a relocation, a notice must be sent via certified mail, return receipt requested, to any person who has visitation rights or custody rights regarding the child listing the following information:
- The intended new mailing address (if not known, then the city and state);
- New telephone numbers (if any);
- Date of the intended move;
- Reasons for the proposed relocation;and
- Revised physical custody schedule, holidays, expenses, etc.
This law is strictly construed by the Court, and, therefore, requires strict adherence. Contact us for questions regarding the proposed relocation of a child. Failure to follow the statute cold result in a finding of Civil Contempt of Court.
See also Child Custody & Child Support Attorney.