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Relocation of Children

Sometimes clients make the mistake of assuming that because they have been granted some form of custody of a child, they have the right to relocate that child wherever they want. In the state of Kansas there is a law that requires the custodial parent to notify the non-custodial parent if the child is going to be moved 30 days prior to that move. This law also applies if the child will be moved out of the state for more than 90 days at a time.

The written notice is required to be sent by restricted mail, with return receipt requested, to the last known address of the other parent. Any failure to provide the notice will result in the custodial parent being held in civil contempt of court. The failure to provide notice is also grounds to lose your child custody, residency, child support or parenting time. If the non-custodial parent takes you to court, the judge will most likely rule that you pay the other parent’s attorney fees. In situations where the non-custodial parent has been convicted of certain specified crimes against the child, this notice is not required.

In cases where the non-custodial parent does not want to the child relocated, they have the right to take this matter to court. This could possibly prevent the custodial parent from relocating the child until the judge officially makes a ruling.

As you can see, the relocation of a child can be a very complicated legal matter. If you have questions or need a lawyer to help resolve your child relocation case, contact us today for a consultation with the Wichita family lawyer.