Moving Away With a Child in Missouri: Relocation Notice, Distance Rules and Burden of Proof
In Missouri a parent must give 60 days’ written notice before relocating a child’s principal residence for 90 days or more. The other parent has 30 days to object, and the relocating parent must prove good faith and the child’s best interest.
What does the Missouri relocation law say?
“Relocation” means a change in the principal residence of a child for 90 days or more. Notice of a proposed relocation of the child, or of any party entitled to custody or visitation, is given in writing by certified mail, return receipt requested, to any party with custody or visitation rights, and absent exigent circumstances at least 60 days in advance (RSMo 452.377.1-2).
| Question | What the statute says |
|---|---|
| What is relocation | A change in the principal residence of a child for 90 days or more, not a temporary absence |
| Notice | In writing by certified mail, return receipt requested, at least 60 days in advance, absent exigent circumstances |
| Contents | New address, phone number, move date, reasons and a proposed revised schedule |
| Objection | A motion with an affidavit within 30 days of receiving notice |
| Response | Within 14 days, with a counter-affidavit and a proposed revised parenting plan |
| Burden of proof | On the party seeking to relocate: good faith and the child’s best interest |
What must the notice contain in Missouri?
The intended new residence with address, or the city if unknown; the home telephone number if known; the date of the move; a brief statement of the reasons; a proposed revised schedule of custody or visitation; and a statement of the other parent’s right to file a motion, with an affidavit, within 30 days of receipt to prevent the relocation (452.377.2).
What happens if the other parent objects in Missouri?
The child may be relocated 60 days after notice unless a parent files a motion to prevent it within 30 days of receipt, with an affidavit of the good-faith factual basis. The relocating party responds within 14 days with a counter-affidavit and a proposed parenting plan (452.377.8).
Who has the burden of proof in Missouri?
The party seeking to relocate must prove that the proposed relocation is made in good faith and is in the best interest of the child (452.377.10).
What if the parents agree in Missouri?
They may submit a revised parenting plan with an affidavit signed by all parties with custody or visitation, and the court may order it without a hearing (452.377.7).
What if there is no notice in Missouri?
The court considers failure to give notice as a factor in modifying custody and visitation, a basis for ordering the child’s return and sufficient cause to order the relocating party to pay the objecting party’s reasonable expenses and attorney fees (452.377.6).
What language must a custody order carry about moves in Missouri?
Every order establishing or modifying custody or visitation includes the 60-day notice requirement and the warning that failure to obey may lead to contempt and be considered in a custody modification (452.377.12), and orders also carry the family access motion language (452.375.10).
What if relocation is allowed in Missouri?
The court orders contact with the nonrelocating parent sufficient to assure frequent, continuing and meaningful contact unless the child’s best interest warrants otherwise, allocates transportation costs and adjusts child support (452.377.11). Recount with the Missouri parenting time calculator and run the Missouri child support calculator.
Frequently asked questions
How much notice do I have to give before relocating with a child in Missouri?
At least 60 days in writing by certified mail, absent exigent circumstances.
How long does the other parent have to object to a Missouri relocation?
30 days from receipt of the notice, by motion with an affidavit.
Who has the burden of proof in a Missouri relocation case?
The parent who wants to relocate.
Is there a distance rule for moving in Missouri?
No. The statute covers a change in the child’s principal residence for 90 days or more, whatever the distance.
What if I move without notice in Missouri?
The court can order the child’s return, award the other parent’s fees and weigh the failure in a custody modification.
Official sources
- RSMo 452.375: custody
- RSMo 452.377: relocation of a child
- RSMo 452.310: petition; parenting plans
- RSMo 452.400: visitation rights
- Missouri courts: Form 14 child support
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Missouri statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Missouri attorney.