How Does Relocation Work In Child Custody?
Answering FAQs on notification process and how it works if the Parties don’t agree.
I get this question all the time… “What do I do if the other parent wants to move?” Equally, I have questions on “What do I need to do if I am moving?”
Ok, let’s go through a quick checklist…
- Does this change the child’s school?
- Does this impact how the Co-Parent’s can exercise their parenting time? This includes the ability to participate in the child’s life. This includes looking at how this impacts extended family.
- Have both Parents been active in the life of the child?
- How does this impact the child? Will they still be able to hang out with their friends? Will they still be able to be on the same sports teams? Will they have to change doctors?
- How is this going to impact transportation?
- Can the Parties find a solution together?
- What did the Judge do in the original case? Did it go to trial? If so, did the Court Ordered parenting time kind of favor one parent over the other?
The reality of Co-Parents who don’t live together is that your life is no longer your own. You can’t do whatever you want.
· Just because you have a new job… that is on you… you don’t have to take it.
· Just because you have a new relationship… it is your job for the other person to move in with you. You don’t get to move out of State or an hour away without permission of your Co-Parent.
· The only people with some type of protection… military.
A vast majority of Co-Parenting relationships don’t really have an equal balance of power. The Parent with educational and mailing address normally feels they have the right to make decisions. They are normally fine asking the other Parent (well, not all the time), but if the other Parent does not agree, they kind of just do what they want anyway. However, the Court will sometimes put their foot down on moves that impact parenting time and the Co-Parent’s ability to participate in the life of the child. This could mean the Court flips the educational and mailing address designation and parenting schedule. It just depends on the Judge.
Here are a few real life examples:
Mom is re-married to someone with a military and civilian job. He is transferred to Texas. Even though Dad had not been active with the kids and there were siblings, Mom was not allowed to move. (Note, the military stuff did not apply because the military member was a step-parent and not a parent).
Parent wants to move an hour away. Dad’s parenting time maybe not that impacted, but his ability to participate in child’s life is. Judge says mom is not moving even though she plans to re-marry and already has a job in the new location.
Dad is moving and it is impacting Mom’s time mainly because of the extra time to go back and forth for transportation and now can’t really get to participate in child’s activities during the week as well. Mom would lose her one day during the week. Mom is not as active in sports of child. Judge says to give Mom more time in the summer and approves the move.
The truth is you don’t always know what the Judge will do. Never underestimate the power of the issues from the original case and the history of the Parties.
In all those examples above, there were way more important details than I am sharing. However, at the end of the day, this was the feedback from the Court. While all these Parties thought the other facts were important enough to be an exception, they were not.
So, you want to roll the dice and make a move… What do you need to do?
Don’t forget that Missouri is huge on sending your notification by Certified Mail, Return Receipt. You should also send this regular mail as well to avoid any argument that the other person did not know (because they avoided the Certified Letter). You should also text and email if you have all this information. Handing them a copy is also recommend if you can do so (just don’t send it with your child to give it to them). Yep, overkill is the best policy here.
Here is what you need to include…
the intended new address, including a specific address and mailing address
if the specific address isn’t known yet, the new city and state
the new home telephone number, if known
the date of the intended move
a brief statement explaining the reasons for moving the child, and
a proposal for a revised custody and visitation schedule.
What if I don’t know my Co-Parent’s address?
Always send it to the address from the court case and the last known address you have for them. Then make sure to also do it regular mail in case the person does have a change of address still in effect. If you have any contact information for the Co-Parent, make sure you try to find out their address again. Text and email are evidence you attempted to obtain the address. If they are on Facebook, DM them if possible. If you don’t have the address, then do what you can to notify them in any way you have available to you. If you know their parent’s address or another family member, try sending it to that address as well. Check Casenet to see if they have any current court cases. You can also contact your attorney to put you in touch with a Special Process Server that might be able to do a “Skip Trace”. The attorney may also be able to see where they show their car registered with the DMV or check the County Collector to receipts for payment of property taxes.
When do you need to provide the notice?
You should send the letter at least 60 days prior to your move. There are some times when the Court will shorten the time, but you should not count on this.
What if the Co-Parent does not agree?
The Co-Parent has 30 days to file a Motion to Prevent Relocation with the Court.
If a Motion to Prevent Relocation is filed, the Parent has 14 days to file a Response.
If the Co-Parent files a Motion to Prevent Relocation, can I go ahead and move before the case is over?
You need to talk to your attorney. However, normally, the Court can hold it against you if you move without court permission after a Motion to Prevent Relocation is filed. Joint Custody says you can’t without an agreement. The Court may or may not enforce this. Be aware that if the Court does enforce it, this means a turnover of the designation of educational and mailing address and a change in child support where now you pay.
How does relocation impact child support?
Certainly, relocation could impact the child support IF the length between the Parties changes significantly, the amount of parenting time changes, or the income of the Parties change due to a new job.
If one Party is moving out of the State, this impacts two factors: the amount of parenting time and transportation costs. It is not unusual for the Court to deviate from the Form 14 due to the impact of the transportation costs especially if the Parent moving is the one who receives child support.
What if my Judgment says we have to go to Mediation before we file something with the Court?
This is certainly an exception to that requirement as there are statutory deadlines in this situation. This does mean that once you file, you should suggest mediation to try to settle the issues of the Parties.
What if the Parties agree to the relocation and change in the parenting time and child support?
If the Parties agree, they can file a Stipulated Judgment with the Court with the new parenting time and child support. This is a pretty easy and inexpensive process, but you will need an attorney.
When do I also need to file a Motion to Modify?
If the Parties are going to fight over the move, a Motion to Modify might need to be filed based on the fact that there would be some changes necessary in the Parenting Plan and child support of the Parties.
What if this is just a simple move and we are not changing the child’s school and it does not impact parenting time?
If you are a parent with the educational and mailing address designated to you, a simple move from one residence to another does not always have to be a big deal. This does not mean you get to blow off sending the required statutory notification. Plus, if you are moving almost every year, this might also impact custody and what is in the best interest of the minor children.
If you are not the parent with the educational and mailing address designation, you still have to provide the statutory notification of your move.
What are the take-aways here…
You can’t do what ever you want (most of the time). Remember, you agreed to JOINT Custody which means the Parties should agree on any big changes impacting the minor child. This is not just about you.
Even if this really does not impact the schedule or the Parties, notification by Certified Mail is still required.
If there is an agreement, it is an easy process to get a new Judgment for your Parenting Plana and child support.
You will NEVER be allowed to move out of State without the other Parent’s permission.
Hopefully this will help you navigate the relocation issues you face now, or in the future.
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