MOVING CHILDREN AFTER COURT ORDERED VISITATION

change. For example:

transportation arrangements,

telephone contact, length and time

of visitation, etc.)

Sincerely,

(Your signature)

RemembeR: If you have questIons, It Is

always best to seek legal advIce fRom an

attoRney.

movIng

chIldRen

afteR

couRt

oRdeRed

vIsItatIon

This is a sample letter to send when you are

moving:

Notice of Intent to Relocate

Date: _______________

RE: Relocation of (your name and the names of

all minor children subject to the notice.)

Dear (Name of person being notified):

Please be advised that I intend to relocate

myself and the minor children, (names of

children).

(1) The specific address of the new

residence is: __________________.

The specific address is not known

at this time, but the city and state

are: _________________________.

(2) The mailing address is: _________

_____________________________.

The mailing address is not known

at this time but will be provided as

soon as it is known to me.

(3) The home telephone number

of the new residence is:

_____________________________.

The home telephone number of

the new residence will be provided

as soon as it is known to me.

(4) The date of the intended relocation

is: ____________________ (This date

must be at least 60 days after the

notice.)

(5) The specific reasons for the pro-

posed relocation are: (Give

reasons.)

(6) I propose a revised schedule of

custody or visitation with the

children as follows: (List those parts

of the current schedule of custody

or visitation that you propose to

legal seRvIces of southeRn mIssouRI

809 North Campbell

Springfield, Missouri 65802-3820

417.881.0533

800.444.4863

www.lsosm.org

legal seRvIces of southeRn mIssouRI

Branch Offices:

1412 Highway 72 East • Rolla, MO 65401

573.341.3655 • 800.999.0249

116 North Main Street • Charleston, MO 63834

573.683.3783 • 800.748.7456

1225 N. Kingshighway • Cape Girardeau, MO 63701

573.651.4806 • 800.748.7456

313 Washington Avenue • West Plains, MO 65775

417.255.0348 • 800.444.4863

thIs bRochuRe was pRepaRed as a publIc seRvIce

by attoRneys lIcensed In mIssouRI, based on the

law as It was wRItten In JanuaRy, 2013. It Is not

Intended to be a complete statement of the law oR

to apply In eveRy sItuatIon. laws change fRom tIme

to tIme. please consult an attoRney If you have any

questIons about any InfoRmatIon In thIs bRochuRe.

Missouri has laws about changing the perma-

nent residence of your children after a divorce

or custody matter is final. If you do not follow

these laws, you may risk losing custody or visi-

tation rights. The following are common ques-

tions and answers.

•

Why do I have to let my ex-spouse know

when and where I am moving?

Specific notice is required by any change of

the residence of the children, absent exigent

circumstances. This notice must be given even

if you only move across the street. It applies to

any permanent change of address. This is to

ensure that all parties involved can exercise

the court ordered visitation, custody, or contact

with the children.

• How and when do I give notice of my

change of address?

When you plan to move, the notice must be

sent in writing, by certified mail, return receipt

requested. Unless you have court permission to

move immediately, the written notice must be

provided at least 60 days before the proposed

move.

• What do I need to put into the notice?

The required information contained in the

notice is very specific and must include the fol-

lowing information:

(1) The intended new residence, includ-

ing the specific address and mailing address, if

you know it. If you do not know it, the city you

are moving to;

(2) The home telephone number of the

new residence, if you know it;

(3) The date you intend to move;

and meaningful contact with the other parent

unless it would not be in the children’s best

interest; and

(2) The court can specify how the trans-

portation costs will be divided between the

parents and adjust the child support, as appro-

priate, to consider the costs of transportation.

• The other parent has given consent for me

to move the children. Now what?

If you and the other parent can agree to a

revised schedule of custody and visitation

for the children, which includes a Parenting

Plan, you may submit the agreement to the

court, along with a written affidavit signed by

all parties agreeing to the terms of the agree-

ment. The court may then order the revised

Parenting Plan and visitation schedule with-

out a hearing.

• The children’s grandparents do not want

me to move. Now what?

Any persons entitled by court order to legal

custody and/or visitation with a child and who

is not a parent (for example: grandparents)

may ask for a revised schedule of legal custody

or visitation.

• What if I don’t give the other party notice

of my intention to move the children?

If you do not give proper notice of the pro-

posed move, the court may consider the failure

to give the proper notice in:

(1) determining whether custody and

visitation should be modified;

(2) ordering the return of the children if

the move occurs without notice; and

(3) ordering the party seeking to move

the children to pay reasonable expenses and

attorney’s fees incurred by the other party.

• The other parent did not want me to move,

so I had to hire an attorney. Can I make the

other parent pay my attorney’s fees?

A person who objects to moving in good faith

may not be ordered to pay the other party’s

attorney’s fees or court costs.

(4) A brief statement of the specific rea-

sons why you want to move the children; and

(5) A proposal for a revised schedule of

custody or visitation with the children.

If you become aware of any change in the infor-

mation that is required in the notice, you must

immediately provide the information to the

person receiving the notice.

• Do I have to give the other party informa-

tion on where I live if I feel my family is in

danger?

In exceptional circumstances, only the court

can decide if the health or safety of any adult or

child would be at risk by disclosing information

required in the notice. The court may order that

the information not be disclosed, along with any

other action the court feels is necessary to meet

the legitimate needs of everyone involved and

the best interest of the children.

If you feel you are entitled to this type of protec-

tion from the court, you should consult with an

attorney for advice.

• What if I have given proper notice, but the

other party does not want me to move the

children?

If you give proper notice, the residence of the

children may be relocated 60 days after the

notice unless a parent files a motion seeking an

order preventing the relocation. The motion

must be filed within 30 days after the notice

of proposed relocation is received. The person

seeking to move must then file a response to

the motion within 14 days. If all of the required

information is not included in the notice, the 30

day objection period will not start to run.

• The other parent filed a motion to stop me

from moving. What happens now?

A hearing will be scheduled by the court. If you

want to move, it is up to you to show that the

proposed move is made in good faith, and is in

the best interest of the children.

If the move is permitted:

(1) The court can order contact with the

person that is not moving including custody

or visitation and telephone access sufficient to

assure that the child has frequent, continuing,