Guidelines for Relocation in Kansas City
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:
- 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.
- 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.