Family Relocation After Divorce

When you are divorced with children, moving is not an easy proposition. Whether moving across the street or across the country, states and courts have rules and statutes that must be followed exactly. Because of this, relocation is an area fraught with possible pitfalls. It is not as easy as putting your house on the market or getting a new job and packing up your belongings; there are specific rules that must be followed in order to effectively relocate when you have minor children. In Missouri, statutes set out how far in advance you must provide notice to the ex-spouse, what information must be provided, how you must provide the notice, etc. Failure to abide by the strict rules of the statute can have catastrophic consequences and in fact the court may use your conduct when it considers whether to modify your decree and allow you to move
In this time of job insecurity, many individuals find themselves in a situation where they must move to either get a new, more secure, more profitable job, or they may have to move to keep their current job. Either way, it is imperative that the relocation statute be followed to the letter of the law. Providing the proper notice can protect you and effectively allow you to move as your life or your employment dictates. Asking the court to modify your divorce decree and allow you to move can take significant time to accomplish. Retaining experienced attorneys, like the family law attorneys at Paule, Camazine & Blumenthal, P.C., can assist you in this process.

Likewise, if you are provided with notice of relocation from your former spouse and you want to contest that move, there are strict guidelines that you must follow as well. You must take action promptly, as contesting the move is extremely time-sensitive and your failure to act in the required amount of time can act as a bar to your ability to prevent the relocation of your former spouse and children. Complying with the statute provides you the ability to have your concerns taken into consideration by the court. Further, it is not enough just to complain about your ex-spouse’s move; you must present evidence as to why you are seeking to prevent the relocation. The domestic relations attorneys at Paule, Camazine & Blumenthal, P.C. know what evidence to present and how to present it.

One thing is clear, whether you are the parent seeking to relocate or the parent protesting a relocation, you should consult an attorney to ensure your compliance with the law. The motivation for moving, whether work is available where you currently reside, and how the custody plan will be affected, are just some of issues the court will look at. The lawyers at Paule, Camazine & Blumenthal, P.C. have experience representing both parties seeking to move and those seeking to prevent a move. Our child custody attorneys have successfully litigated these relocation issues many times. Choosing an attorney at Paule, Camazine & Blumenthal P.C. for your issues related to relocation after divorce can put your mind at ease and ensure that you are well-represented.

By: Allison Schreiber Lee

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