Moving to another state can be a major decision for a parent, particularly when the move involves a child and the child’s other parent has custody or parenting time. Whether you are considering a move to another state or relocating within the Kansas City metropolitan area, you likely have legal requirements to follow before moving.
Kansas and Missouri have specific laws addressing the relocation of children. The requirements are different in each state, so understanding which law applies to your situation is important.
Kansas Child Relocation Laws
Under Kansas law, a parent who is entitled to legal custody, residency, or parenting time generally must provide the other parent with at least 30 days’ written notice before changing the child’s residence or removing the child from Kansas for more than 90 days. The notice must be sent by restricted mail with a return receipt requested.
Failing to provide the required notice can have serious consequences. Kansas law provides that failure to give proper notice may constitute indirect civil contempt. The court may also award reasonable attorney fees and other expenses resulting from the failure to provide notice. Additionally, the relocation may be considered a material change in circumstances that could support modification of custody, residency, parenting time, or child support.
This means that a parent should not assume that having primary residential custody automatically gives them the right to move a child out of state without addressing the relocation requirements.
Missouri Child Relocation Laws
Missouri has a different relocation process. Under Missouri Revised Statutes § 452.377, “relocation” generally means changing the child’s principal residence for 90 days or more.
Unless a court determines that exigent circumstances exist, written notice must generally be provided at least 60 days before the proposed relocation. The notice must be sent by certified mail, return receipt requested, to the other parent or anyone else with custody or visitation rights.
Missouri’s notice requirements include information such as the proposed new residence, the planned date of the move, the reasons for the relocation, and a proposal for a revised custody or visitation schedule.
The other parent generally has 30 days after receiving the notice to file a motion seeking to prevent the relocation. If a timely objection is filed, the relocation may become a matter for the court to decide.
Missouri law places the burden on the parent seeking to relocate to establish that the proposed move is made in good faith and is in the child’s best interests. If the relocation is permitted, the court can address parenting time, transportation costs, and child support as appropriate.
What If the Other Parent Objects?
An objection to a proposed relocation does not necessarily mean that a child cannot move. However, an objection can lead to a court proceeding where the circumstances surrounding the proposed move and the child’s best interests are considered.
Kansas and Missouri courts consider numerous factors in custody and parenting-time decisions, including the child’s relationship with each parent, the child’s home and school, the parents’ ability to cooperate, and each parent’s willingness to support the child’s relationship with the other parent.
The details of a particular case matter. A move across the country, for example, may raise different practical parenting-time concerns than a move to a neighboring state. Accordingly, if you are considering a move and have a custody order in place, you should consult with a family law attorney to determine the notice requirements and the likelihood of you being able to change your child’s residence.
The choice of a lawyer is an important one and should not be based solely on advertisements.