Relocation Attorney in Olathe

How does relocation affect child custody?

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 Olathe 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 a free 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.