In Kansas we have a requirement that the relocating parent must inform the other parent in writing, restricted mail, return receipt, to the last known address of the other parent, of a pending move. The notice must be mailed 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. Moving the children may be determined a material change in circumstances and the court may modify the custody of the children because of the move. The non-moving parent must file a motion with the court requesting a change in custody due to this move.
In determining any motion seeking a modification of a prior order based on change of residence or removal as described above, the court shall consider all factors the court deems appropriate including, but not limited to: (1) the effect of the move on the best interest of the child; (2) the effect of the move on any party having rights granted pursuant to the child custody Statute; and the increased cost the move will impose on any party seeking to exercise his or her parenting time.
For the complete statute language, go HERE and type in 60-1620 for the statute number.
my husband and i are seperated and came upon agreement that i move to tucson arizona with our 15 month old baby while our older 3 kids stay in kansas with him while they finish school and was going to spend the summer with their dad, we agreed also that before school started in arizona he would bring them to me, now he has changed his mind and says he got a lawyer and if i dont move back to kansas he can take my kids away from me, is this possible? is it true he can control what state i live in for the rest of my life??
Posted by: Amy | April 27, 2005 at 08:45 PM