Relocation 2017-09-06T04:23:56+00:00

RELOCATION

Under Kansas law any parent who has legal custody, residency of, or parenting time with their child must give thirty days written notice to the other parent prior to moving the child to a different residence. The written notice must be sent by restricted mail, return receipt, to the last known address of the other parent. The only exception to this rule is if the other parent has been convicted of a crime against the child.

When a parent fails to provide the notice under Kansas law, the Court may hold the parent in civil contempt punishable as the judge sees fit. Additionally, the parent may be forced to pay the attorney fees and any other expense the other parent incurred due to the lack of notice.

 

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It must be noted that under Kansas law the only requirement of the moving parent is to mail notification of the intended move to the last known address of the other parent. This makes it extremely important to ensure that your child’s other parent always knows where you live, and that you maintain proof that you advised them of your current address.

If a parent properly notifies the other parent of an impending move, the non-moving parent must object immediately. Kansas law does not require the parent receiving notice of an impending move to approve of the move, therefore if you do not act quickly, the moving parent may move the child without further discussion.

In order to properly object to the relocation of your child, you must file a Motion in the original case seeking a temporary order preventing the relocation. This legally establishes your objection to the move and begins proceedings to determine if the move is in your child’s best interests. This is only a temporary order and will remain in effect until the Court hears all of the evidence and makes a final determination.