How Kansas Law Limits Relocation by a Custodial Parent

In a divorce, child custody and visitation rights are determined based on the parents’ circumstances at the time. But changes can and do occur afterward. Sometimes a custodial parent decides to relocate, which can significantly impact the overall dynamics of the arrangement. In Kansas, specific legal procedures must be followed in such situations, ensuring that the best interests of the child, as well as the effects of the move on both parents, are considered.

Under Kansas Statute KSA-23-3222, a custodial parent who intends to change the child’s residence or to remove the child from the state for more than 90 days must provide the non-custodial parent with written notice at least 30 days in advance of the relocation. This requirement is designed to give the non-custodial parent sufficient information to respond to the proposed changes. Failure to give notice is an act of civil contempt and may require the moving parent to pay the other parent’s attorneys’ fees and other expenses.

If the non-custodial parent objects to the relocation, they have the right to file a motion to oppose it. Upon the filing of a motion, the court will set a hearing to evaluate: 

1. The effect of the move on the best interests of the child — The court will assess how the move might affect the child’s emotional and psychological well-being,
2. The effect of the move on any party having visitation rights — This means taking into account the distance of the move and consequently how it might affect the ability to maintain a personal contact with the child.
3. The increased cost the move will impose on a party seeking to exercise their rights — This includes costs of transportation to visit the child or to have the child visit them.

The court can also consider the custodial parent’s motivations for the move, such as a better job opportunity, and whether the child will have an improved quality of life, including better education.

Whether you are planning to relocate or are opposing your ex-spouse’s planned move, an experienced Kansas child custody attorney can help ensure that all procedural requirements are met and that your case is presented effectively in court. An attorney can assist in negotiating a new visitation schedule that works for both parents and minimizes the impact on the child,

The law firm of Peggs Wheeler, LC in Wichita assists Kansas parents in all aspects of child custody and visitation, including relocation cases. Call us at 316-512-7853 or contact us online to schedule a meeting.