In many divorce cases, parents who share custody of their children may find themselves facing a difficult question: what happens if one of them wants to move away? For Missouri families, the answer to this question lies with the state’s family courts. Here’s what you need to know about how Missouri divorce courts handle cases involving parental relocation.
The Legal Basis for Relocation Issues
In Missouri, family courts use a legal standard known as the "best interests of the child" when making decisions about parental relocation. Essentially, this means that the court will consider what outcome is in the child’s best interest when determining whether to allow one parent to move away from the other.
Factors Considered by the Court
When making a decision about parental relocation, the court will consider a variety of factors that relate to the child’s well-being. These factors may include:
- The child’s relationship with each parent
- The reason for the proposed relocation
- The child’s current community ties (such as school and extracurricular activities)
- The child’s age and developmental needs
- The child’s preference (if they are old enough to express it)
Burden of Proof
In Missouri, the parent who wants to relocate has the burden of proof when it comes to demonstrating that the move is in the child’s best interest. This means that they must provide evidence and arguments to convince the court that allowing the move would be beneficial to the child.
Alternative Dispute Resolution
In some cases, parents may be able to avoid a formal court hearing by working with a mediator or other alternative dispute resolution professional. These professionals can help parents develop a parenting plan that addresses the relocation issue and other aspects of their shared parenting arrangement.
Conclusion
When it comes to cases involving parental relocation, Missouri courts will prioritize the best interests of the child above all else. This means that parents who want to move away must have a strong case for why the move would be beneficial for their child. Working with a mediator or other alternative dispute resolution professional may help parents find a more collaborative solution to this complex issue.