Moving Out of state with Children

[Samantha1452]

What is the name of your state? MO

I currently have 2 children from a previous marriage. I am remarried and my husband is in the Army. He just got stationed out of state. I have filed a certified letter to my ex with the intent to relocate with our children and proposed a new parenting plan with a move date longer than 60 days. He has 30 days to file an objection. My question is, what if he doesn't file anything? Do I take the letter to the court and the parenting plan I proposed goes into effect or does the parenting plan get changed to what the court thinks is best?

 

[laurakaye]

Do you think your ex-husband will object?

 

[Samantha1452]

He had said that he wouldn't agree to them moving out of state but I haven't heard anything from him since he received the letter so I am not sure if he will object or not. I know if he objects then we have to appear in court but I don't know what happens if he doesn't object.

 

[laurakaye]

He had said that he wouldn't agree to them moving out of state but I haven't heard anything from him since he received the letter so I am not sure if he will object or not. I know if he objects then we have to appear in court but I don't know what happens if he doesn't object.

"Custodial parents in Missouri who want to relocate with their children to another state must get the permission of the noncustodial parent or the court before moving. If a move is completed without permission, the relocating parent could face the loss of their custodial rights.

"To prevent any harsh consequences, a custodial parent must send a certified letter to the noncustodial parent 60 days prior to the move date indicating the date and location of the move, reasons for the relocation and a proposal of new visitation terms, if different from the court-approved parenting plan.

"Noncustodial parents who receive certified letters of relocation have only 30 days to file a formal objection with the court and stop the move. Once a noncustodial parent objects to a move, the move cannot be completed until a hearing is held. If the 30-day period following delivery of notice has passed without objection from the noncustodial parent, however, that parent has waived his or her rights to object to the move."

(https://www.stangelawfirm.com/Articles/Making-the-Move-Child-Relocation-Considerations-in-Missouri.shtml)

 

[CJane]

"Custodial parents in Missouri who want to relocate with their children to another state must get the permission of the noncustodial parent or the court before moving. If a move is completed without permission, the relocating parent could face the loss of their custodial rights.

The above is wholly inaccurate.

"To prevent any harsh consequences, a custodial parent must send a certified letter to the noncustodial parent 60 days prior to the move date indicating the date and location of the move, reasons for the relocation and a proposal of new visitation terms, if different from the court-approved parenting plan.

This is not to "prevent any harsh consequences", it is outlined quite specifically in statute.

"Noncustodial parents who receive certified letters of relocation have only 30 days to file a formal objection with the court and stop the move. Once a noncustodial parent objects to a move, the move cannot be completed until a hearing is held. If the 30-day period following delivery of notice has passed without objection from the noncustodial parent, however, that parent has waived his or her rights to object to the move."

This is true, but incomplete.

(https://www.stangelawfirm.com/Articles/Making-the-Move-Child-Relocation-Considerations-in-Missouri.shtml)

The actual statue says this:

"The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice."

No motion, you're free to go. The parenting plan will stay as it is currently (even if it's unworkable), until one of you files a motion to modify it. It's not automatically modified by the other parents' lack of response. Please pay special note that you're not free to move the child on the 31st day of no motion being filed. You still have to remain in Missouri for the full 60 days of the notice. And, from personal experience, I can tell you that even if the other parent files on the 35th or 40th day, the court is likely to allow the motion to be heard. OR, if he files on the 30th day, but you're not actually SERVED until the 57th day... that motion is going to be heard.

What county are you in?

 

[stealth2]

Please pay attention to CJane, as she has the relevant experience.

 

[Just Blue]

"Custodial parents in Missouri who want to relocate with their children to another state must get the permission of the noncustodial parent or the court before moving. If a move is completed without permission, the relocating parent could face the loss of their custodial rights.

"To prevent any harsh consequences, a custodial parent must send a certified letter to the noncustodial parent 60 days prior to the move date indicating the date and location of the move, reasons for the relocation and a proposal of new visitation terms, if different from the court-approved parenting plan.

"Noncustodial parents who receive certified letters of relocation have only 30 days to file a formal objection with the court and stop the move. Once a noncustodial parent objects to a move, the move cannot be completed until a hearing is held. If the 30-day period following delivery of notice has passed without objection from the noncustodial parent, however, that parent has waived his or her rights to object to the move."

(https://www.stangelawfirm.com/Articles/Making-the-Move-Child-Relocation-Considerations-in-Missouri.shtml)

Military moves are different.

Let CJane advise on this one.

 

[t74]

I hope your proposed plan takes into account that you are creating a distance and gives him a better timeshare and pays for the travel. I would hate to think that he gets less time with you using the distance as an excuse to deprive him of contact. Remember, you should be willing to live as the NCP with the parenting plan you propose.

 

[Samantha1452]

The above is wholly inaccurate.



This is not to "prevent any harsh consequences", it is outlined quite specifically in statute.



This is true, but incomplete.




The actual statue says this:

"The residence of the child may be relocated sixty days after providing notice, as required by this section, unless a parent files a motion seeking an order to prevent the relocation within thirty days after receipt of such notice."

No motion, you're free to go. The parenting plan will stay as it is currently (even if it's unworkable), until one of you files a motion to modify it. It's not automatically modified by the other parents' lack of response. Please pay special note that you're not free to move the child on the 31st day of no motion being filed. You still have to remain in Missouri for the full 60 days of the notice. And, from personal experience, I can tell you that even if the other parent files on the 35th or 40th day, the court is likely to allow the motion to be heard. OR, if he files on the 30th day, but you're not actually SERVED until the 57th day... that motion is going to be heard.

What county are you in?

I am in Platte County. I sent the letter on July 17th and he received the letter on July 23rd. He had not filed anything last week so I asked him about it (my mistake) and he contacted a lawyer and they filed an objection to the location on August 31st which is after the 30 days. He also asked that I not be served.

 

[HRZ]

Others may differ as to the impact of untimely objection , for example Jonathan Winters , Esq in St Louis " the failure to file a Motion within the prescribed time will give the other parent an absolute right to relocate. "

I suggest you get paid MO attorney to advise ....and do NOT go get copy of objection motion until advised by your attorney...service of the motion on you triggers a new different response window of 15 days

 

[Samantha1452]

Others may differ as to the impact of untimely objection , for example Jonathan Winters , Esq in St Louis " the failure to file a Motion within the prescribed time will give the other parent an absolute right to relocate. "

I suggest you get paid MO attorney to advise ....and do NOT go get copy of objection motion until advised by your attorney...service of the motion on you triggers a new different response window of 15 days

I am meeting with my attorney on Monday. He was the one who told me that they had asked that I not be served. I am going to try and see if I can get his objection to relocation dismissed since he filed outside the 30 day window. I just wasn't sure if anyone else has had a similar case to know what to expect.

 

[CJane]

I am meeting with my attorney on Monday. He was the one who told me that they had asked that I not be served. I am going to try and see if I can get his objection to relocation dismissed since he filed outside the 30 day window. I just wasn't sure if anyone else has had a similar case to know what to expect.

My case was also in Platte County. I sent my notice in February 2014, notifying X that I was planning to relocate OVER THE SUMMER. So he had something like 5 months notice. He filed to prevent in April, and NEVER served me. I only knew he'd filed because I checked online and hired an attorney.


In June, we had a hearing and I was allowed to bring the kids out to Washington ON VACATION, but had to return a week later and wait until a trial was scheduled for August. At that time, I was given a temp order to move the kids. I was responsible for 100% of the transportation costs, facilitating Skype visits once/week, phone calls, etc.

We didn't actually get a final order until we'd lived here based on the temporary order, for more than 2 years.

It was a military move, and X had NO RELATIONSHIP with the children for the 3 years prior to my move.

So, my BF received orders to Washington in January.
I sent relocation notice in February, after we'd made an offer on a house.
We married in April, and were not allowed to live together.
My husband moved from Kansas (where he was stationed) to Washington in June.
I moved from Missouri to Washington in August.