Relocating with an Established Parenting Plan
People relocate to a different city or even a different state for many different reasons. The most common reason for relocation is employment - whether it be a promotion, a change in career, or simply advancing one’s career. Moving in-state or out-of-state is a big change that requires you to uproot your current life and start fresh in a new city.
An added complication to relocating is when you share your children with a former spouse. Custody arrangements and parenting plans have to be taken into consideration. Continue reading to learn all about parenting plans and relocations and if and how you can relocate for work.
What is a Parenting Plan?
A parenting plan is an essential part of the divorce process for those who share children and essentially outlines how you and your co-parent will raise your children, it includes details about custody arrangements, including a schedule that outlines when the children will be with each parent on weekdays, weekends, vacations, and holidays. It is typically created with the understanding that both parties will live somewhat near each other, with detailed information about exchanges. Parenting plans typically include the following:
Legal custody details
Physical custody schedule, which includes a weekday and weekend schedule
How exchanges and transportation work
Holidays and summer vacations
School and extracurriculars
Expenses
Communication
Many other details may be included in a parenting plan, these are typically written specifically for each unique case. The goal of each parenting plan is to have a document that outlines how you and your co-parent will be raising your children and sharing your time with your children so that there is little to no grey area of co-parenting.
What Do I Do if I Need to Relocate?
1. Notify Your Co-parent
If you have accepted a new job in a new city in Missouri or an entirely different state, you must notify your co-parent immediately. Missouri has strict relocation statutes that outline requirements that must be met before the relocating parent moves. The first step is to notify your co-parent of the intended relocation 60 days before the move.
2. Notify Your Family Law Attorney
A relocation notice must include specific information about your intended move, because of this, the process can become a little more difficult if you and your co-parent have a strained relationship. Notifying your family law attorney who represented you during your divorce and custody cases can help guide you in the right direction for starting the relocating process.
3. Send a Valid Written Notice
Whether you choose to send a written notice with or without the help and guidance of a family law attorney, you’re required by Missouri courts to send a valid written notice to your co-parent. This notice must include specific information regarding the move, including the address of your intended new home your child will live in, details about the move, including the date, reason for the move, and revised custody arrangements.
So, What Happens Next?
Once the relocating parent has submitted a notice to the other parent, they can agree or disagree with the relocation and proposed custody arrangements. Below are details about each scenario and what happens as a result:
If the Other Party Agrees
If they agree on all details in the notice, including the move and revised custody arrangements in the parenting plan, the new agreement must be submitted to the court for approval. The court may approve the revised parenting plan and custody arrangements or schedule a hearing. If the court decides the move is in the best interest of the child and thinks the new custody arrangements are fair, they will most likely approve the new agreement.
If the Other Party Disagrees
If the other party does not agree, they can file a motion objecting to the relocation with the Court stating why they object to the move within 30 days of receiving the notice.
Missouri law requires the relocating parent to respond to the motion within 14 days with a counter-affidavit with details that support their relocation, including newly proposed custody arrangements. The non-relocating parent has 30 days to file the motion objecting to the relocating. If they fail to do so within 30 days, the Court may approve the move without their objections.
Ultimately, the Judge will give a final decision on whether or not the move is in the best interest of the child and whether or not they approve or deny the relocation.
If you are thinking of relocating or have questions about the process of giving a relocation notice, contact our firm today to schedule a consultation.
