Parents who are subject to a custody order in the state of Kansas must follow a specific procedure outlined by state law before they can move a child from the child’s principal residence for a period of more than ninety days.
First, the parent moving with the child must give notice to the nonmoving parent at least thirty days in advance. That notice must consist of a letter, sent through restricted mail, return receipt requested, to the last known address of the other parent. (See K.S.A. 23-3222).
If a parent fails to notify the other parent, he or she can be punished by law, which can include an order to pay the other party’s attorney’s fees.
Once a parent gives the other parent notice of relocation, that other parent has a chance to file a motion with the Court to modify a prior court order of legal custody, residency, child support or parenting time. Relocation or removal of a child from his or her residence for more than ninety days is considered a material change of circumstances, opening the door for a party to ask the Court to modify the parenting plan. Modifications could consist of a change in transportation arrangements and exchange locations, changes in the parenting schedule, and/or changes in where a child attends school.
The court looks at certain additional factors when a motion for modification based on a proposed relocation is filed. These factors include, but are not limited to:
- The effect of the move on the best interests of the child;
- The effect of the move on any other party parenting time and custody rights; and
- The increased cost the move will impose on any party seeking to exercise parenting time.
Ultimately, it all comes down to what is deemed to be in the best interests of the minor child.
If you have questions or concerns regarding you or your child’s relocation, you should consult with a family lawyer to find out what your best options are for your specific situation.
The choice of a lawyer is an important decision and should not be based solely upon advertisements.