Missouri Relocation Statute and Custody

What Triggers the Relocation Statute

Under RSMo § 452.377, "relocation" is any change in the child's principal residence for 90 days or more. The statute casts a wider net than most parents expect — it applies not just to cross-state moves but to any move that affects the existing custody or visitation arrangement, even a move of a few miles that changes the child's school district or disrupts mid-week transportation exchanges.

The statute applies to any parent with custody or visitation rights, whether you were married or unmarried, and whether your case was a dissolution or a paternity action.

The 60-Day Certified Notice

Absent exigent circumstances as determined by a court with jurisdiction, before moving, the relocating parent must send written notice to every other person with custody or visitation rights at least 60 days before the proposed move. The notice must be sent by certified mail with return receipt requested. Text messages, emails, phone calls, and casual written notes are not legally sufficient — the statute specifically requires certified mail.

The notice must include:

1. The intended new address (or at minimum the city, if the specific address isn't known yet)
2. The home telephone number at the new residence, if known
3. The exact date of the proposed move
4. A written statement explaining the specific reasons for the relocation — career opportunity, educational benefits for the child, remarriage, closer proximity to family support
5. A proposed revised parenting plan with a new residential schedule and transportation/cost allocation
6. A statutory warning that the non-relocating parent has the right to file an objection within 30 days

The 30-Day Objection Window

Once the non-relocating parent receives the certified notice, they have exactly 30 days to file a formal Objection to Relocation or Motion to Prevent Relocation with the court that issued the original custody order.

If the non-relocating parent doesn't file within 30 days, they are legally deemed to have consented. The relocating parent can then move the child once the 60-day notice period has elapsed.

If an objection is filed, the relocating parent has 14 days to file a response and a counter-affidavit supporting the move. The court then schedules a hearing.

Who Bears the Burden of Proof

At the relocation hearing, the relocating parent bears the sole burden of proving two things:

1. Good faith. The move is motivated by a legitimate reason — a job transfer, a new spouse's employment, proximity to family — not by an intent to interfere with the other parent's relationship with the child.
2. Best interests. The relocation serves the child's best interests, evaluated under the same statutory factors the court uses for any custody decision.

The non-relocating parent must file the required motion and accompanying affidavit within the deadline; the relocating parent then carries the burden.

Consequences of Moving Without Complying

Relocating a child without following the statutory notice procedure is treated as a serious violation. Missouri courts can:

• Hold the relocating parent in civil contempt of court
• Order the immediate return of the child to the non-relocating parent
• Order the relocating parent to pay reasonable travel expenses, court costs, and attorney's fees incurred by the objecting parent
• Treat the unauthorized move as a factor that can support a custody modification based on changed circumstances

An unauthorized relocation can affect the custody analysis, but it does not automatically require a custody reversal.

Exigent Circumstances Exception

The statute allows a court with jurisdiction to waive the 60-day notice requirement when exigent circumstances make immediate relocation necessary. Severe domestic violence is one example. This exception is narrow — the parent must demonstrate an immediate safety threat, not simply a desire to leave.

Planning a Move

If you're considering a move, run the relocation analysis before you commit. Calculate whether the new distance makes the existing parenting schedule workable. Draft a proposed revised schedule that preserves the other parent's total parenting time as closely as possible — extended summer blocks, alternating school breaks, and video call schedules are common adjustments.

The Missouri Child Custody & Parenting Plan Guide includes a relocation checklist covering the certified notice requirements, the objection timeline, and how to draft a revised parenting plan that addresses the court's best-interest analysis.

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