It is almost inevitable that, at some point after a child custody order is entered, the lives of the child and the parents will change. A new job or educational opportunity may arise, a family crisis may occur, or some other such event may cause a parent to want to relocate.
When parents cannot agree regarding how to handle parenting time and custody in the event of relocation, a judge may need to decide. Determining whether the child can relocate with a parent, and under what circumstances, will require consideration of various factors related to the child’s best interests. No matter which side of a relocation dispute you are on, you will need experienced legal counsel advocating for you.
Learn why Kansas City child custody clients rely on Joseph, Hollander & Craft.
The Legal Challenges of Relocation in Kansas City
Often, this shared parenting time is the result of considerable negotiations between the parties, lawyers, and careful contemplation of the judge. Because of this – and more importantly, because of the other parent’s rights – a custodial parent who wishes to move from where they live cannot just pick up and go with the child.
The parent who wants to leave will need to get the consent of the other parent or the permission of the judge to do so. The court’s main concern is not the wishes of either parent, but of the child’s best interests. With that in mind, the judge will be looking at whether the child is going to be able to maintain a positive relationship with both parents after the move and what impact the relocation could have on the child.
Reasons Why Parents Relocate in Kansas City
Relocating is not always looked down upon, and Courts are not reluctant by default to agree to allow a parent to move. It helps to understand some of the most common reasons why parents ask judges for permission to move. Among these are:
- A better-paying job: The custodial parent may have an opportunity to advance their career or take a higher-paying job, one with better benefits, or one that allows them to spend more time with the child. This, in turn, advances the best interests of the child.
- Educational goals: Moving may allow the child to enroll in a better school system. It might also let the custodial parent pursue their own educational goals, which could lead to a better-paying job and a better quality of life for both the parent and the child.
- Family needs: The custodial parent may want to move to be closer to family. If a relative is in poor health, or the extended family can provide a support network to the child, then both the parent and the child may benefit by being closer to family in another area.
- Safer environment: If the custodial parent currently lives in an unsafe area, relocating may be allowed as a way of protecting the child’s best interests. It is difficult to oppose relocation when the child’s safety is at issue.
- Military relocation: Custodial parents who serve in the military face special challenges related to deployment and relocation to other bases.
The Process for Relocation in Missouri
Giving Notice
Notice is an indispensable component of a relocation request. If a parent simply moves without providing notice, they can expect harsh repercussions. To ensure that this requirement is met, the custodial parent should provide notice:
- In writing and by means of certified mail with return receipt requested
- At least 60 days before the proposed move
- With the proposed date of the move
- Including the reason(s) for the move
- Along with the intended address, or at least the city, if the address is not yet settled
- With a proposed new custody schedule
- Informing the other parent of their right to object
Response
The other parent has the right to respond to the relocation request. If that parent consents to the relocation, the custodial parent should submit a modification request to the judge. This modification will outline the new agreed-upon custody schedule, which the judge will approve if it is in the child’s best interests.
If the other parent does not agree with the relocation, that parent may file a motion in court to challenge it. The parent may also file a motion to modify custody.
Mediation and Hearing
Relocation requests are often settled in mediation. The parties can agree to resolve their differences with the assistance of a neutral third-party mediator. If an agreement is reached, the parties can then submit a modification request with the new custody schedule to the judge.
If mediation is unsuccessful, then the judge will have to conduct a hearing. During this hearing, the judge will examine such factors as:
- Why the custodial parent wants to move, and whether it is a legitimate request or intended to limit the other parent’s time with the child
- The effect of the relocation on the best interests of the child
- Whether the child can maintain a positive relationship with the non-custodial parent after the relocation
- Whether the proposed new custody schedule will meet the child’s best interests, or if another plan is needed
To evaluate these and other factors, the judge may receive evidence in the form of testimony from the parents and third parties, expert witness testimony, and relevant documents and physical evidence.
Possible Outcomes of a Relocation Hearing
Once the judge concludes the hearing and reviews the evidence and arguments, there are two likely outcomes:
- Approval of the request: The judge may approve the request, either with the custodial parent’s proposed new custody plan or with a modified version of it. Relocation requests will almost certainly require modification of the parenting plan if the move is to another state or country.
- Denial of the request: The judge could decide that the relocation is not in the best interests of the child and deny the request.
Contact Our Child Custody Attorneys For Relocation Matters
If a relocation issue has arisen in your custody case, you should retain experienced family law representation now. Reach out to Joseph, Hollander & Craft.
Our office is located at the corner of 10th & Cherry Street in Kansas City, MO, close to the Jackson County Courthouse. For your convenience, we also maintain offices in Overland Park, Lawrence, Topeka, and Wichita.
