Sole physical custody

[mistoffolees]

That's not true in Missouri. She doesn't need anyone's permission.

Sort of.

The statute is above. She needs to notify the court and NCP. NCP then has the right to object.

IF NCP simply fails to respond, you are correct - she doesn't need anyone's explicit permission. But if NCP responds, the court will have to make a determination based on best interests of the child.

 

[ecmst12]

She needs either IMPLICIT permission from NCP by him not objecting to her notice of the move, or EXPLICIT permission from the judge if NCP does object. Main point being, there is a procedure in place which must be followed regardless of whether custody is "sole" or "joint".

 

[Ohiogal]

She needs either IMPLICIT permission from NCP by him not objecting to her notice of the move, or EXPLICIT permission from the judge if NCP does object. Main point being, there is a procedure in place which must be followed regardless of whether custody is "sole" or "joint".

Prescisely. Either way, sole custody does NOT give her free reign to move or prohibit dad from fighting against HIS child being relocated.

 

[CJane]

Sort of.

The statute is above. She needs to notify the court and NCP. NCP then has the right to object.

IF NCP simply fails to respond, you are correct - she doesn't need anyone's explicit permission. But if NCP responds, the court will have to make a determination based on best interests of the child.

No. She does not need to notify the court.

2. Notice of a proposed relocation of the residence of the child, or any party entitled to custody or visitation of the child, shall be given in writing by certified mail, return receipt requested, to any party with custody or visitation rights.

The court ONLY cares if NCP files to fight the relocation.

And he must FILE to fight the relocation. He cannot simply respond to HER and say that he doesn't agree.

He MUST do so within 30 days.

And a relocation - in state - is NOT always considered a change in circumstances that would make a modification to custody necessary.

The ONE difference, in MO, between SOLE and JOINT custody is that JOINT custody is HARDER to change. A change FROM sole custody doesn't require a change in circumstances, only a best interests showing.

So if OP has SOLE custody, the possibility of that being changed later is actually greater.

 

[mistoffolees]

No. She does not need to notify the court.

Right. On further reading, MO is slightly different than most states.

CP has to notify the other parent of the intended relocation. If other parent objects s/he has to file a petition with the court objecting to the planned move. If NCP doesn't object, nothing ever gets filed with the court and CP can move.

Seems like a sloppy way to handle it that could lead to a lot of arguments over whether proper notification was provided or not, but that's the way it reads.

 

[CJane]

Right. On further reading, MO is slightly different than most states.

CP has to notify the other parent of the intended relocation. If other parent objects s/he has to file a petition with the court objecting to the planned move. If NCP doesn't object, nothing ever gets filed with the court and CP can move.

Seems like a sloppy way to handle it that could lead to a lot of arguments over whether proper notification was provided or not, but that's the way it reads.

Whether or not proper notification is proven when the signed return receipt for the letter is presented to the courts. The notified parent's 30 day window begins that day. S/he waits 31 days to file the objection? Too late.

The statute HAS changed fairly recently. It used to only be required that the notice be provided if the child's 'principal residence' was being changed. So NCP never had to give notice.