Child custody cases can be difficult enough, but when relocation issues are involved, these cases can become extremely complicated. In these cases, the parents often dig in where one wants to move and the other wants to prevent it.
Obviously, sometimes a parent thinks they have a legitimate reason to want to move. Maybe they got a job out-of-state? Maybe they have family elsewhere? Maybe their new significant other or spouse got a job out-of-state?
There can be a variety of reasons why a party may seek to move with the children. But the other parent might have concerns as well.
They might worry about how a move will impact their ability to have a relationship with their child. They may worry that their visitation will be infrequent. They might worry that they will miss important events that are happening in the life of their child.
This can make these cases some of the most complicated in the family law arena. These are hard cases to settle as well because there is often no middle ground.
The laws in each state can vary as it relates to relocation cases. It is vital that a party seek the advice of an attorney no matter what side of the case in which they find themselves to make sure they are adequately preserving their rights.
The Missouri relocation statute is fount in Section 452.377. There are very specific requirements that have to be met for a party to relocate and for a party who wants to object. If one party does not follow the statute strictly, they might find themselves having waived their rights.
In Missouri, for example, a party has to send a certified letter sixty days in advance of a proposed move. The other parent then has to file a motion and affidavit objecting to the move within thirty days. If that happens, a hearing is normally required. But if a parent does not send the right relocation notice, or a party does not properly object in time, they may waive their rights.
This is just a Missouri example, but it explains the importance of party consulting with an attorney about the requirements because they can be complex.
If you are going through a child custody relocation matter, Stange Law Firm, PC can help. You can contact us at 1-855-805-0595.