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Missouri is a state with strict child relocation laws. While other states give you a geographic allowance on how far you can freely move your child ? say, within 50 or 100 miles of your original home ? in Missouri, you cannot relocate the child anywhere at all without legal permission.
Missouri courts automatically presume that custody with natural parents is in a child's best interests, unless sufficient evidence warrants a different arrangement. Grandparents must pursue an adoption in order to request custody of their grandchildren.
How to file a Motion for Family Access. A Motion for Family Access Order (FA10) must be filed in the court that has continuing jurisdiction over custody and access of the child. This is usually the court that entered the order the motion is addressing.
This means that a court will not interfere with the decision of legally married parents to allow or deny grandparent visitation unless a grandparent can prove that the parents are not acting in their child's best interests.
Best Interests of the Child As with most matters involving child custody, relocation must be in a child's ?best interests.? Winning a relocation claim, therefore, requires convincing a judge that moving a child either would or would not serve the child's interests.
Under Missouri law, when one parent wishes to move with a child ? and he or she shares child custody of visitation with the other parent ? the parent must give notice of the proposed move by certified mail to the other parent at least 60 days beforehand.
Assuming the party seeking relocation does provide notice, the non-relocating parent then has the opportunity to file a motion with the court seeking to prevent the relocation. The non-relocating party has 30 days after receipt of the notice of relocation to file a motion with the court.
Missouri aims to consider what is best for the child's interests when deciding on child custody matters. In Missouri, a child cannot decide which parent they want to live with until they are 18 years of age.