Kansas City Divorce Relocation

When parents who share custody of their children decide to divorce, legal responsibilities regarding the children keep them connected regardless of other separations. These responsibilities often require both parties to inform each other about significant life changes that could affect their child, such as relocation.

Whether you are the one moving or the one contesting the relocation in Kansas City, it is important to understand the ins and outs of how the courts determine Kansas divorce relocation. Being proactive lets you plan strategically and address legal issues early on, which is why it is imperative to work with a family law attorney who is familiar with Kansas laws well before you plan any move.

Relocation scenarios can also arise between non-married parents sharing custody. The applicable rules are similar, whether the case follows a divorce or pertains solely to custody matters.

Understanding Kansas City Divorce Relocation

In Kansas, when a parent wishes to relocate with their children out of the state, this action is known as “removal from Kansas.” The legal framework for such a decision largely hinges on three aspects:

• The best interest of the child
• The effect on the child’s relationship with the non-custodial parent
• The potential benefits of the move (ex: moving for a higher paying job)

A parent who has legal custody, residency, or parenting time rights with a child must provide written notice to the other parent at least 30 days in advance before changing the child’s residence or taking the child out of the state for more than 90 days. This notice should be sent via restricted mail, with a return receipt requested, to the other parent’s last known address. This requirement holds until the conclusion of the separation or divorce proceedings, including short-term absences from Kansas, such as vacations.

Like all states, family law in Kansas is complex and subject to changes. Two Kansas statutes that every parent facing relocation in Kansas should be aware of include:

1. Kansas Statute K.S.A. 23-3222 dictates that courts must prioritize the child’s best interest in any relocation case that would result in substantial changes. This implies the relocating parent must provide prompt written notice to the other parent.
2. Kansas Statute K.S.A. 23-2225 requires courts to consider all relevant factors in determining if a child can relocate. These factors may encompass each parent’s historical involvement with the child, the potential benefits to the child from living with one parent over the other, and the overall best interest of the child.

If you are contemplating a move, ensure you provide the necessary written notice in advance. Keeping a copy of this notification and sending it via certified mail can be key for proving compliance with the law. If you are the non-relocating parent, you’ll quickly need to assess whether the proposed changes to visitation are acceptable.

Factors Courts Consider in Relocation Cases

When parents involved in a Kansas divorce relocation case cannot reach an agreement regarding the relocation of their child or the terms of visitation, the decision inevitably falls to the courts, and a judge will make the final decision. The Kansas judiciary carefully considers multiple factors to ensure that their decisions serve the best interests of the child. Here are the criteria Kansas courts typically consider:

1. Improving the Child’s Life: When reviewing a Kansas divorce relocation case, the court closely examines whether moving could make the child’s life better. This includes looking at whether the new location offers improved education, better healthcare options, or a more nurturing family environment.

2. Emotional and Psychological Stability: The court determines how the move might affect the child emotionally. The focus is on whether relocating will make the child happier and more stable, or if it could cause unnecessary stress or emotional upset.

3. Existing Parenting Time and Custody Arrangements: The court looks at whether a new visitation plan can work so that the child keeps a strong bond with both parents, no matter the distance.

4. The Child’s Relationships: The child’s connections with parents, siblings, step-family, and friends are all taken into account. The court evaluates if these important relationships will be strengthened or strained by the move.

5. Communication and Support Between Parents: The ability of parents to talk and work together, especially from afar, is vital. Courts assess if the relocating parent is committed to helping the child maintain a good relationship with the other parent.

6. Motivations Behind the Relocation: Judges carefully check the reasons behind a parent’s decision to move. They ensure the move is for valid reasons like job changes or being closer to family, not just to limit the other parent’s time with the child.

7. Child’s Own Wishes: In some cases, if the child is old enough, their feelings can play a part in the court’s final decision. While not the sole factor, if the child is able to communicate their stance on relocation, it can be considered.

In all Kansas divorce relocation cases, the court’s decisions are predicated on a comprehensive evaluation of how the move will affect the child’s well-being. These decisions are complex and involve a detailed analysis to ensure that the child’s best interests are always at the forefront of any conclusions reached. For parents facing these situations, obtaining experienced legal counsel is important to navigating the intricate aspects of relocation and custody modifications in Kansas.

Call Us Today to Schedule a Consultation with a Kansas City Family Law Attorney

Navigating a child’s future during a Kansas divorce relocation requires robust legal support. Our Kansas family lawyers are here to assist you. Contact us at 913.456.5738 or get started with a free case evaluation here.