Relocation Prevention Clauses In Child Custody Agreements

St. Louis divorce lawyerQuestion:

Do child custody laws allow a person to include a relocation consent clause in the divorce decree?

I want to include a provision in our child custody agreement preventing my wife from moving our children more than X miles away from me without my prior consent. She is refusing to agree to this relocation clause, though.

What are my options? Isn’t this a pretty standard child custody provision?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child custody laws where I am licensed to practice.

In Missouri, where I am licensed to practice, absent agreement between the parties, relocation is governed by statute. A parent cannot relocate a child’s principal residence for a period of ninety days or more without notifying the other parent 60 days in advance of the relocation.

The non-relocating parent then has the opportunity to file a motion with the court seeking to prevent the relocation. The relocating parent then has the burden of proving to the court that the proposed relocation is in the best interests of the child.

Thus, even if you cannot get your wife to agree on including your “relocation consent” clause in your custody agreement, you at least know states such as Missouri have child custody laws which can make relocation difficult.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Brittany Brown, a staff attorney in the St. Louis office, contact Cordell & Cordell.

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One comment on “Relocation Prevention Clauses In Child Custody Agreements

    Please help a father and Marine
    I am a father of an almost 4 year old. She will be four Dec 3rd 2011.
    I am currently an active duty Marine and have been for the past 9
    years. I am writing you for help and support to win 50/50 custody of
    my daughter. September 7, 2010 my ex-wife moved from Camp Pendleton to
    Visalia CA with my daughter without my consent. I was not allowed to
    see my daughter until after I drove up to Visalia many times only to
    be turned down by her mother, it wasn’t until December 20, 2010 that I
    was finally able to see my daughter until Dec 24th. I have only been
    allowed very limited time with my daughter and for a year was only
    able to see her if I drove the entire trip to see her for a couple
    hours or for a night and this was very rare. I had my second court
    date yesterday Nov 16th. I am now contested with visitations every
    1,3,5 weekend from 6:30 Friday to 6:30 Sunday and I do not get to have
    my daughter for Thanksgiving or Christmas again. I do not think it is
    fair that my daughter must drive over 9 in a 48 hour period. Most of
    my time with my daughter is spent driving where she is usually asleep.
    I am fighting for every-other 2 weeks to cut down the driving time on
    my daughter and to adjust to being at her father’s home before she has
    to turn around and make such a long trip back. I want to be able to
    spend quality time with my daughter. I miss my daughter and I do not
    think it is fair that her mother was able to keep her away from me for
    months at a time. My daughter the past 2 months has all of a sudden
    decided that she doesn’t want to talk to me on our phone
    Conversations, but I hear her mother or grandmother tell her to say
    Bye to daddy after only speaking for seconds. I am now limited to when
    I can call her on Mon/wed/Fridays. I am very capable of taking care of
    my daughter, I own my own house and have a steady income as a Sgt of
    Marines. My ex is collecting welfare, and claims to go to school while
    she is 25 years old living with her parents. During the last court
    date She was awarded $1700 a month for spousal and child support and I
    have to pay her $1500 for a lawyer she retained. They did not ask for
    her prof of income. If I do pay this every month after my mortgage
    Payment I am left with not even enough money to pay for my electric
    bill or gas money to drive to pick up my daughter. I feel I wasn’t
    even able to speak and it was completely one sided and already
    determined when the case began. Can you please help me and my
    daughter be able to spend time together before she starts kindergarten
    in 2 years. I did not include all the details, but thank for for your time.

    Thank you,

    Kyle Daniels
    (760) 889-7484

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