by Margo L. Green
I have often said that when you have children in Missouri and then get divorced, you are married to the state of Missouri until the child turns eighteen. That advice was based on current law in Missouri that makes it so difficult for a parent to get permission to relocate with children from the court. Now, it appears that the courts may have softened their rigid approach to relocation.
The Western District Court of Appeals recently allowed a mother to move with her daughter even though her husband was opposed to their move. This dissolution case was Robinson v. Robinson and the court looked at the best interests of the mother and decided that the same benefits to the mother from the move would benefit the daughter. In this case, the father was living with his girlfriend in an unstable home, had not supported the child during the separation prior to the divorce , and he did not take advantage of all of the custody time he could have with his daughter. The court allowed the mother to move to Columbia to be closer to her family and the home office of her job. The court reasoned that the family support she would receive with her daughter and the greater likelihood of career advancement would also benefit her daughter and therefore allowed her to relocate. So, here the best interests of the mother was considered by the Court along with the best interests of the daughter.
Relocation cases are difficult but can be won if the facts are on your side. If you are considering moving when you get divorced or after you have been divorced make sure to consult with a family law attorney.
