Missouri’s 8 Best Interests Factors: Factor #7 – “The intention of either parent to relocate the principal residence of the child." by Divorce & Custody Attorney in Lee's Summit, Kirby Minor

by Divorce & Custody Attorney in Lee's Summit, Kirby Minor:

Missouri law (§ 452.375.2(7), RSMo) requires courts to consider:

“The intention of either parent to relocate the principal residence of the child.”

Factor #7 is one of the most consequential and frequently litigated factors in Jackson County custody and modification cases. Relocation directly impacts parenting time, school stability, community ties, and the child’s ability to maintain frequent, continuing, and meaningful contact with both parents. It often intersects powerfully with Factor #4 (which parent is more likely to allow meaningful contact) and Factor #5 (the child’s adjustment to home, school, and community). Missouri has a specific relocation statute (§ 452.377) that requires 60 days’ written notice and court approval if the move will substantially impair the other parent’s custody or visitation rights.

In practice, courts scrutinize the reason for the move, the distance, the impact on the child, and — most importantly — whether the relocating parent is genuinely willing to facilitate ongoing contact with the other parent. To be frank, the moving parent has an uphill battle in convincing the Court to approve relocating the child.

Sun Tzu – Choose the Battlefield Wisely

Sun Tzu would treat relocation as a major strategic maneuver that can reshape the entire conflict. He would never move without a clear advantage — and he would expose any move that appears designed to disadvantage the other parent.

Strategy:

If you are opposing relocation, build a strong record showing how the proposed move would disrupt the child’s stable school, community, and relationship with the non-relocating parent. Document the other parent’s true motivations (e.g., to limit your contact). If you are the one considering relocation, prepare detailed evidence showing the move benefits the child and includes a realistic plan for continued meaningful contact (travel costs, virtual communication, adjusted parenting schedule, etc.).

Missouri Application:

Jackson County judges are reluctant to approve relocations that substantially impair frequent contact unless the moving parent proves the move serves the child’s best interests and they will actively support the other parent’s relationship.

Musashi – Do Not Let Your Mind Abide Anywhere

Musashi would caution against becoming rigidly attached to a specific location or using relocation as a weapon. True strength lies in adaptability without sacrificing the child’s needs.

Strategy:

Stay child-centered and flexible. If opposing the move, emphasize continuity and stability. If proposing the move, demonstrate maturity by offering generous make-up time, virtual contact, and a detailed long-distance parenting plan. Avoid any appearance that the relocation is motivated by a desire to limit the other parent’s role.

Missouri Application:

Courts heavily penalize parents who use relocation to obstruct contact. The parent who appears reasonable and solution-oriented on this factor usually gains credibility.

Lao Tzu – Flow Like Water, But Protect the Root

Lao Tzu would advise moving only when necessary and beneficial, while always preserving the child’s connection to both parents. Water adapts but never abandons its source.

Strategy:

Frame the discussion around the child’s best interests, not adult convenience. If you must relocate, propose practical solutions that minimize disruption (frequent visits, shared holidays, technology for daily contact). If opposing relocation, calmly show how the current community and relationships serve the child better than the proposed new location.

Missouri Application:

Missouri courts require the relocating parent to prove the move is in the child’s best interests and that they will facilitate ongoing contact. Failure to do so often results in denial of the relocation request.

The Tengu (Tengu Geijutsu Ron) – Transcend Win/Lose Thinking

The tengu teaches that there is no true victory in separating a child from a loving parent. The deeper reality is the child’s long-term emotional health.

Strategy:

Rise above “winning” the child by moving away. Focus purely on what best serves the child’s need for both parents. Whether you are moving or opposing the move, demonstrate a genuine commitment to co-parenting across distance if necessary.

Missouri Application:

Judges and GALs notice when a parent prioritizes their own convenience over the child’s relationship with the other parent. This factor frequently results in the non-relocating parent receiving primary physical custody when relocation would substantially impair contact.

Why Factor #7 Is Often a Game-Changer

Relocation cases frequently become high-stakes battles because they can permanently alter the child’s daily life and relationship with one parent. A poorly handled relocation request can damage credibility across multiple factors (especially #2, #4, and #5). Conversely, a well-supported relocation with a thoughtful long-distance plan can succeed — but only if the moving parent proves they will actively facilitate meaningful contact. In Jackson County, courts carefully balance the relocating parent’s reasons against the disruption to the child and the other parent’s rights. Evidence of bad-faith relocation (to limit contact) is viewed very negatively.

Facing a Relocation Issue in Your Custody Case?

If you are dealing with a proposed relocation, opposing a move, or handling a modification involving distance parenting in Jackson County, strategic preparation is essential. The Law Office of Kirby Minor helps clients navigate Missouri’s relocation statute (§ 452.377) and argue Factor #7 effectively — whether seeking to prevent an disruptive move or responsibly proposing one while protecting the child’s relationship with both parents. Text or Call 816-888-0632 for a consultation. Let’s develop a clear, child-centered strategy that protects your parenting time and your child’s best interests. Oss.