Where Should a Custodial Parent Serve Notice of Intent to Relocate

My question involves a child custody case from the State of: Missouri


Hello and good day,

This may be a tough question to answer, but here goes:

This past December, my girlfriend was awarded sole legal and joint physical custody of her 5 year old son after the father submitted custody papers after showing no interest in the child for 3 years . Since the decision (the day after), the father has been sentenced to federal prison for eight months for violating federal probation (and is obviously not participating in accordance of the parenting plan or paying child support). That being said, we have danced around the idea of moving out of state for some time now for a plethora of reasons (jobs, climate, schools, etc.) Law in Missouri states the following:

"Under Missouri law, a notice must be in written form and sent by certified mail, return receipt requested. You must explain where you're going, why you want to leave and how the move will affect your children. Your notice should include a plan for revising the visitation terms of the custody portion of your divorce decree, especially if your move is out of state and will make regular visitation difficult or impossible. Notice is required a full 60 days before you intend to move and if you fail to give it, the court can order you to bring your children home again."

"Missouri law gives the non-custodial parent 30 days to object to the move after receiving notice. If the parent does nothing within this time, the court will generally permit the custodial parent to move. If the non-custodial parent does object, it usually necessitates a trial so a judge can decide the matter. In Missouri, the burden of proof is on the custodial parent. She must demonstrate to the court how the move will improve the children's lives, despite the fact that it will limit frequent contact with their other parent. She must prove that she's not moving out of state in an attempt to disrupt or eliminate the relationship between her children and their other parent, and she must show the court how she'll continue to make the children available for contact, despite the distance between them. Missouri's family law code has no hard-and-fast rules for judges to follow when making these decisions, so they'll grant permission for the move -- or deny it -- on a case-by-case basis."

So my question is this: since the father lives with his parents when he's not in prison, we would be sending the notice to that residence. Do his parents have the right to send the letter to the correctional facility so the father can respond? If the answer to the latter is yes, do we have the right to trial before his prison sentence is up? It's worth noting that the mother and I also share a child together and that the father of the child in reference and mother (my gf) were never married.

this situation is pretty complicated, but any input would be appreciated! Thank you in advance

The mother can serve the father at his correctional facility. She can review the facility website or contact the facility to clarify the process of service of certified mail, and the proper addressing of the envelope and identification of the prisoner. You can confirm the location of an inmate here, and you'll find general mail rules in this handbook.

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Quoting Mr. Knowitall

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The mother can serve the father at his correctional facility. She can review the facility website or contact the facility to clarify the process of service of certified mail, and the proper addressing of the envelope and identification of the prisoner. You can confirm the location of an inmate here, and you'll find general mail rules in this handbook.

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thank you for the response and the links. that answers the first part of my question. the second part is this: once the father is served the letter strong chances are that he will dispute. What is the process at this point? Can a trial occur when the father is still in prison? would we be obligated to wait until his release to take him to trial? (i would surely hope not)

A trial can occur while he is incarcerated. (he will be allowed to attend)

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Quoting mmmagique

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A trial can occur while he is incarcerated. (he will be allowed to attend)

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They're not going to hold a trial at the prison. Depending on the nature of proceedings and the policy of a court, it's possible for him to participate remotely (phone or video link) or to be transported to the hearing. When inmates sense that they have the right to appear in person, they will typically contest whatever they can in order to spend some time outside of the prison.

I didn't say he would be allowed to attend in person. (and I never even considered a hearing at the prison) I considered mentioning the different ways he could attend, but thought better of mentioning it, as the end result will be the same.

I feel this is probably a good time for them to attempt to get the results they want, (judging on a past personal experience) so I felt they should probably attempt it now if they're planning on it.

The court basically has two options.

1. Allow Mom to relocate with the child in tow or, if Mom still wants to move regardless,

2. Switching custody to Dad.

I'm not sure this is as clear-cut as it may seems (sounds like a slam-dunk for Mom, doesn't it?). Much may depend on Dad's record and his parenting decisions so far and, yes, the timing.

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Quoting Dogmatique

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The court basically has two options.

1. Allow Mom to relocate with the child in tow or, if Mom still wants to move regardless,

2. Switching custody to Dad.

I'm not sure this is as clear-cut as it may seems (sounds like a slam-dunk for Mom, doesn't it?). Much may depend on Dad's record and his parenting decisions so far and, yes, the timing.

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Option 2 would be absolutely ludicrous. For 1, the father hasn't has a relationship with the child outside of a couple visits. He has also been in and out of prison for the last 4 years stemming from felony drug trafficking suspicion charges. He's in prison now for violating his federal probation because he was given a dui. If the court ruled in favor of the father i can honestly say my family would moved out of this country lol. But seriously....

As stated, just go to court and see what happens. If it doesn't go in mom's favor, you may end up spending more time in the state your in. (but this is a really good time to try) (just my opinion)

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Quoting UserName4602

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Option 2 would be absolutely ludicrous. For 1, the father hasn't has a relationship with the child outside of a couple visits. He has also been in and out of prison for the last 4 years stemming from felony drug trafficking suspicion charges. He's in prison now for violating his federal probation because he was given a dui. If the court ruled in favor of the father i can honestly say my family would moved out of this country lol. But seriously....

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#1 is a non starter. First time parents have to learn ... and how do they learn? You got it!

#2 doesn't seem so ludicrous to anyone who gets wind that this is nothing more than Mom trying to get rid of Dad.

Did I say that was the case? Nope, didn't.

But your further reaction with the cutesie little "lol" makes me rethink the idea and if my eyebrow is raised, you better understand that the court's collective eyebrow will be raised, too. But seriously...

We cool, bro?

Good.