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  1. #1
    Join Date
    Jun 2016
    Posts
    3

    Unhappy Relocation of Minor Children to Another State from Kansas

    My question involves a child custody case from the State of: KS

    I am wondering how the state of Kansas feels about move-away cases. I see the California is move-away friendly and various other states, but I cannot find anything on Kansas. I can prove the move out of Kansas to be beneficial to the child but my child's mother has done the bare minimum in regards to parenting. Will they consider what would happen if the child was left here with non-custodial parent who works part-time, drinks a lot and has no driver's license? All of my extended family is in the state we wish to move. Will they give weight to that?

    Another question, my child's mother stated in her motion to prevent me from moving, that she has been involved in school and various activities. She absolutely has not and I have photos that she wasn't there and they can talk to the teachers. How can she lie on a court document and how can i prove it??

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Relocation Cases in Ks

    Quote Quoting Wildcats56
    View Post
    My question involves a child custody case from the State of: KS

    I am wondering how the state of Kansas feels about move-away cases. I see the California is move-away friendly and various other states, but I cannot find anything on Kansas. I can prove the move out of Kansas to be beneficial to the child but my child's mother has done the bare minimum in regards to parenting. Will they consider what would happen if the child was left here with non-custodial parent who works part-time, drinks a lot and has no driver's license? All of my extended family is in the state we wish to move. Will they give weight to that?

    Another question, my child's mother stated in her motion to prevent me from moving, that she has been involved in school and various activities. She absolutely has not and I have photos that she wasn't there and they can talk to the teachers. How can she lie on a court document and how can i prove it??
    You have an attorney. Speak to your attorney.

    Really.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Relocation of Minor Children to Another State from Kansas

    Kansas has a statute that describes what a court will consider in relation to relocation of minor children:
    Quote Quoting K.S.A. Sec. 23-3222. Change in child's residence; notice; effect; exceptions.
    (a) Except as provided in subsection (d), a parent entitled to legal custody or residency of or parenting time with a child under this article shall give written notice to the other parent not less than 30 days prior to: (1) Changing the residence of the child; or (2) removing the child from this state for a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.

    (b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.


    (c) A change of the residence or the removal of a child as described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency, child support or parenting time. In determining any motion seeking a modification of a prior order based on change of residence or removal as described in (a), the court shall consider all factors the court deems appropriate including, but not limited to: (1) The effect of the move on the best interests of the child; (2) the effect of the move on any party having rights granted under this article; and (3) the increased cost the move will impose on any party seeking to exercise rights granted under this article.


    (d) A parent entitled to the legal custody or residency of a child under this article shall not be required to give the notice required by this section to the other parent when the other parent has been convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 2015 Supp. 21-5401 through 21-5609, 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, in which the child is the victim of such crime.
    What will happen in any specific case will depend upon the facts, the nature of the request, and the manner in which the court interprets the evidence.

  4. #4
    Join Date
    Aug 2015
    Location
    California
    Posts
    77

    Default Re: Relocation of Minor Children to Another State from Kansas

    I think CA's move away flexibility is probably due to the outrageous cost of living here. But that's just my personal opinion. I think what will matter is who currently has custody, how often the child is with both parents, How old the child is and how long since the last custody order was issued. Mom's working part-time doesn't matter nor does her lack of school involvement. But if she's going to use that in her defense, it would be wise to have the teacher/principal write something that states how often mom has participated at school. Her drinking however does matter but you would need to have documented proof that this is an issue. DUI's, child neglect where the police were call. Testimony from friends or family or neighbors. Basically it can't just be a comment you toss out there.

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