After two parents obtain a divorce, other areas of their life may be affected, especially when children are involved. One example would be when one parent is granted custody of the child or children and later decides to move or to leave the state for an extended period. Visitation orders are often granted to the non-custodial, allowing them to spend time with their child on a regular basis. Therefore, when the custodial parent desires to relocate with the child, it interferes with the visitation order and presents a problem.
Divorce & Relocation in the Kansas Statutes
The Kansas Statutes § 23-3222 outlines the procedures that must be followed in order to relocate with your children after a divorce, even if the other parent does not have parenting or visitation rights to the children.
When a custodial parent is planning to move or take their child out-of-state for more than 90 days, they must first send a notice by restricted mail to the last known address of the other parent. Any relocation that is judged to be a material change could justify a custody or visitation modification, depending on the reason and the circumstances.
Steps to Take for Relocation
As a custodial parent, the first thing to do if you need to relocate is send a notice to the other parent. An experienced Johnson County family law attorney could help you accurately complete such a notice and mail it in a timely manner. Likewise, an experienced divorce lawyer could help you with any modifications or disputes over your relocation in court. Contact Martin & Wallentine today for an initial consultation.
We Serve All of Johnson County
Our firm has handled numerous family law cases over the years. Our legal team is fully qualified to assist you in relocating after a divorce.
Complete our online evaluation or call our offices to get started! We serve clients throughout all of Johnson County!
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska