Panel hears testimony on child relocation law

JEFFERSON CITY, Mo. -- A House panel is revisiting a law that restricts the movement of divorced parents who have custody of their children.

Representatives began hearings Thursday on the relocation law, which has been debated but not significantly changed by lawmakers since it was approved in 1998.

Under the law, a divorced parent with child custody must inform the other parent of any relocation, even if that move is just across the street. The non-custodial parent has a right to challenge any move.

That restriction has been heavily criticized by custodial parents, who claim the law gives their ex-spouses veto power over even the shortest of moves.

The law also requires the custodial parent prove to a judge why a move is best for the child. Prior to the 1998 changes, custodial parents could move anywhere within Missouri and often the burden of proof on whether a move was in the best interest of the child lay with the non-custodial parent.

Rep. Ryan McKenna, D-Barnhart, chairman of the House Interim Committee on Child Custody and Relocation, said he is deeply concerned about the affect of relocation laws on families.

McKenna also has a family interest in the legislation, since it was his father, former Senate President Pro Tem Bill McKenna, who sponsored the original bill.

"Obviously, these are very emotional issues," Ryan McKenna said.

The interim committee did not propose any specific legislation Thursday but was expected to hold more hearings in possible preparation for filing legislation for the session that begins Jan. 9.

Quality of life issue

Factors currently considered by Missouri courts in weighing relocation cases include whether the move would improve the child's and custodial parent's quality of life and whether visitation could continue.

In 2000, a House panel approved legislation to require a parent to provide notice of any in-state move that is more than 30 miles from the child's residence. A Senate panel approved a similar bill during this year's legislative session, but both versions ultimately failed.

Ron Leone, the former chief of staff to Bill McKenna and now a lobbyist, said trying to set a distance limit on parental moves would be a difficult task.

"I don't know where that line is," said Leone, who was involved in the 1998 bill.

Greg Evans of Hillsboro told the committee that after more than five years of court battles, his ability to locate his daughters when his former spouse moves has been difficult.