Moving with your child after a divorce isn’t just a logistical decision. In Missouri, it’s a legal one. Parents who skip the required steps risk losing custody, being held in contempt, or having a court order the child returned. The law here is stricter than most people expect, and the process has real deadlines.
At Wegmann Law Firm, we handle custody and family law matters for clients throughout Jefferson County and the surrounding area. Here’s what Missouri law requires when a parent wants to relocate.
Missouri’s Relocation Law Applies to More Moves Than You’d Think
Most parents assume relocation means moving out of state. Under Missouri Revised Statute § 452.377, the law is broader than that. Any move that changes the child’s principal residence for 90 days or more triggers the statute. That includes moving across town, into a neighboring county, or out of state entirely.
A few miles can qualify if the move disrupts the other parent’s parenting time, complicates school schedules, or makes regular visitation harder. The question isn’t how far you’re moving. It’s whether the move materially affects the other parent’s rights.
The 60-Day Notice Requirement Is Not Optional
If you plan to relocate your child, you must send written notice to the other parent at least 60 days before the move. That notice has to go out by certified mail, return receipt requested. Informal notice — a text, a phone call, an email — does not satisfy the statute.
The notice itself has specific content requirements. It must include your new address and mailing address, the new home phone number, the planned date of the move, your reason for relocating, and a statement explaining how the move will affect the child. You also need to include a proposed revised parenting schedule that accounts for the change.
Courts take missing or defective notice seriously. A relocation denied on procedural grounds alone, regardless of the underlying reason for the move, is not unusual.
What the Other Parent Can Do
After receiving notice, the other parent has 30 days to respond. They can consent to the move in writing, object formally, or do nothing. If they consent or don’t respond, the court will typically approve the relocation.
If they object, the case goes before a judge. The relocating parent carries the burden of proving the move is in the child’s best interests. The objecting parent has the right to present evidence against it. This is a full contested hearing, not a formality.
What the Court Weighs
Relocation cases are different from standard custody modifications in one important way: the relocating parent doesn’t have to prove a substantial change in circumstances. That’s the usual bar for modifying a custody order, and it doesn’t apply here. What they do have to show is that the move is in the child’s best interests.
Judges look at the child’s relationship with both parents and how the move would realistically affect it. A credible revised visitation schedule helps. So does a concrete reason for the move — a job, a remarriage, family support that doesn’t exist locally. Courts aren’t looking for a perfect justification, but vague reasons don’t hold up well either.
One thing that consistently hurts a relocation case: a track record of interfering with the other parent’s time. And moving before getting court approval doesn’t just hurt the case. It can result in being ordered to bring the child back.
A 2024 Case Changed Something Important
Worth knowing if you’re planning a move: Smith v. Smith, decided by the Missouri Court of Appeals in January 2024, closed a gap that some parents had been quietly relying on. Before that ruling, a parent who sent proper notice and received no objection might assume the proposed revised parenting schedule kicked in automatically at the time of the move. The court said no. You still need a court order for the new schedule to be enforceable, even when the other parent doesn’t fight the relocation.
Practically speaking, that means filing for a modification before you move, not after. Getting the order entered first removes any ambiguity about what the enforceable schedule actually is.
If You’re the Non-Relocating Parent
The notice requirements run both ways. A parent with visitation rights who plans to move is also covered under § 452.377 and must comply with the same process.
If you receive notice that the other parent intends to relocate your child, the 30-day window to object matters. Missing it can limit your options significantly. An attorney can help you evaluate whether objecting is likely to succeed and what a revised custody arrangement might look like if the move is approved.
Getting This Right the First Time
Relocation disputes are among the more contentious custody issues Missouri courts handle. The stakes are high for both parents, and procedural mistakes by either side tend to complicate outcomes. Whether you’re planning to move or responding to a notice, talking to an attorney early gives you the best chance at a result that works for your family. Request a consultation with Wegmann Law Firm to discuss your situation.
