	Nelson & Booth attorneys at law

Requirements for Parents Moving

Unlike many other states, Kansas has only a sparse amount of law on the issue of removal of children from the state. Only one statute exists addressing the issue and only six reported appellate decisions have been made. Those cases leave the decision of any limitations and restrictions on any move to the trial court and none of them have found the trial court to have errored in its decision either to allow or refuse removal of a child from the state.

The Kansas courts have not indicated whether there is any presumption either in favor of or against removal of a child from the state by one parent without the consent of the other, although many states have done so. Kansas cases and statutes, however, indicate that the court should give weight to continuing regular contact with both parents.

Notice of move.

Kansas statutes require that any parent who has either residential custody of or parenting time with a child must notify the other parent of any change of address not less than thirty (30) days prior to any move. This statute does not specify any minimum distance the parent must move before the Notice is required. In other words, whether a parent moves across the country or across the hall, notice must be given.

The Notice of Move must be given not less than thirty (30) days prior to the date on which the move is to occur and must be given in writing, and be sent to the other parent by certified mail, return receipt requested, restricted delivery.

Kansas statutes provide that any move may consistute a “material change of circumstances” allowing the courts to modify the parenting plan, including a change of the primary residential parent.

Additionally, if a parent plans on taking a child out of state for more than 90 days, Kansas law requires that parent give the other parent the same written notice as is required when a parent changes residence.

The only exception to the requirement that Notice of a move be given is if the parent to whom the notice would be given has been convicted of any crime specified in various articles of the Kansas Criminal Code in which the child is a the victim of the crime.

If a parent proposes to permanently remove the child from the place at which the child has been living, either parent may file a motion with the court to determine the issues involved. If one parent proposes to remove the child’s residence, the same considerations are applied to that decision as to the original determination of custody — what is in the best interests of the child. This is so even if the parties originally included a restriction against removal of the child from the state in a separation agreement approved with the decree of divorce. It is not sufficient for the moving parent to show that that parent’s own interests would be advanced without consideration of the child’s own interests.

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Nelson & Booth is a Kansas law firm with a Civil Trial and Appellate practice, emphasizing the handling of complex domestic relations matters (including divorce, legal separation and annulment, determination of parentage, child custody, marital and non-marital property division, and support, as well as the representation of parents in cases of international child abduction). The firm was established in 1994.

The attorneys at NELSON & BOOTH are licensed to practice only in the
states of Kansas or Missouri.

Nelson & Booth
Suite 160; 10990 Quivira Road
Overland Park, Kansas 66210-1281
(Kansas City Metropolitan Area)
Telephone: (913) 469-5300
Telecopier: (913) 469-5310
E-fax (801) 697-8455
E-mail: Ronald W. Nelson and Joseph W. Booth

Last updated 11/06/2003