Kansas divorce laws of moving children out of state
The courts must remain flexible to consider the totality of the situation affecting the child in order that the court can craft a custodial order which serves the overall best interests of the child. The court is not limited by any listing of factors, whether statutory or court-determined, but must determine by an overall review of all relevant circumstances what would best serve the interests and welfare of the minor child.
Kansas statutes present a number of situations to be considered in any child custody proceeding:. The court may consider which parent will be more nurturing to the children and which parent would, on an analysis of the overall situation, provide the most loving environment. Because the court is directed to determine custody in an overall consideration of what is in the best interests of the children, the court may evaluate which parent would be better able to advance the moral and ethical upbringing of the children.
It is clear that the courts do not have the power to prohibit a parent from moving. 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. Specifically, the statute directs that the following factors be addressed:.
It appears, therefore, that a parent desiring to change the residence of the child has the burden to prove that any removal of the child would be in the best interest of the child and that, in the absence of proof the child would be better served by the move, the court should preserve the status quo and that the court should find a way to preserve that presumption unless the evidence clearly indicates. Kansas statutes require that any parent with either residency or parenting time with a child give the other parent not less than thirty days notice of any move.
A change of residence of the child to another state may constitute a material change of circumstances. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options.
Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Experts, not JustAnswer. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals.
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A Kansas Move Toward 50/50 Custody Has Some Wondering If Kids Win
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Satisfied Customers: 2, Experience: I have practiced family law since , focusing on child custody and domestic violence. Steven Kincaid : Thank you for allowing me to assist you. Steven Kincaid : Is she moving so far out of state that it would be too far for father to exercise his weekly visitation? Customer: From Kansas to California. Steven Kincaid : Such a large relocation would violate the court order giving the father two days and overnights each week.
Steven Kincaid : A parent who is concerned about this can petition the court for an abduction prevention order. Customer: But could she take him to court to get permission? Steven Kincaid : Here is a copy of the Kansas relocation statute.
Customer: Thankyou! Kincaid and 87 other Family Law Specialists are ready to help you. Was this answer helpful? How JustAnswer works Describe your issue The assistant will guide you. Ask S. Kincaid Your Own Question. Kincaid is online now Get an Answer Continue. Related Family Law Questions. We are doing an Uncontested divorce with children in.
We are doing an Uncontested divorce with children in Florida. We are stuck with a problem with the Child Support Guidelines Worksheet. Here are the numbers: There is one child involved. I would like to get another lawyer's opinion on this matter.
Can you explain what this means on the Florida Family Law. This is for a FL lawyer experienced with Uncontested. This is for a FL lawyer experienced with Uncontested divorces with children, particularly the Child Support Guidelines Worksheet found at the link below. I am helping my friends with this. I'm very upset.
Back story is for various reasons from both. He hasn't seen him since December.