Is It Possible to Relocate With Children After the Divorce?

According to the CDC, there were 1.8 divorces per every 1,000 people in Kansas in 2020. Every year, couples file for divorce, and couples with children must determine the best child custody and child support arrangements for their families. However, circumstances change and sometimes one parent may need to move to a new home. 

If you have questions about what happens when one person with custody wants to relocate after a divorce, speak with an experienced family law attorney

Contact Roth Davies LLC with your questions about relocation after a divorce. The firm is committed to providing strong representation, compassionate advocacy, and comprehensive legal guidance to individuals dealing with family law and other legal matters. The team will help you find the answers you need for your family’s best interests. Roth Davies LLC serves clients in Overland Park, Kansas, and throughout Johnson County. 

Relocating With Your Child

You may want to or need to move out of state with your children after your divorce. Before you move, make sure you understand how relocation affects both custody and visitation. Also, ensure you understand the requirements for the notification of intent to relocate.

Custody and Relocation

If both parents have legal and physical custody of the children, and if both parents agree to the move, then the process will most likely go smoothly. 

The notification of intent to relocate requirement (see below) must be met, but if both parents agree, it simplifies the process. There may need to be a modification to the custody agreement. 

If both parents have custody of the children and one parent does not agree, that could mean there is a need to request a modification to the original child custody arrangement. Speak with a knowledgeable Kansas family law attorney to learn more.

Visitation and Relocation

When one parent wants to move to a new home that’s located far away from their current home and the other parent’s home, then the move will have a significant impact on visitation. If the distance is minimal and has no real impact on visitation, then the process should be straightforward and a modification to the original child custody order will most likely be necessary. 

However, if the parent wants to move a greater distance or relocate to a new state, that will affect visitation. An experienced Kansas family law attorney can enlighten you further.

Notification Requirement

In Kansas, by law, the parent who is planning on moving must provide written notice 30 days before the move. This notice must be provided via registered mail with a return receipt indicating the other parent did actually receive the notice.

If the parent who intends to move does not provide 30 days’ notice, he or she may face serious legal trouble and may be required by law to pay their ex-spouse’s legal fees.

There is one exception to the notification of intent to relocate requirement. In extreme situations, one parent may have been convicted of a crime against the child. If this is the case, then the other parent is not required to give notice that they are moving.

Factors Considered in Determination

Under Kansas law, the court will consider three key factors when determining how relocation will affect a child custody order. They will look at:

  • How the move will affect the other parent’s ability to have parenting time with the child, specifically looking at how much the move will financially impact the other parent
  • How the move will affect the rights of each parent
  • How the move will affect the child’s best interests

These three factors are key in determining whether a parent can move after the original child custody order was set.

Family Law Experience You Can Trust

Navigating the family court system can be challenging when one parent plans on moving the children. A knowledgeable family law attorney can help you make sure that your plans follow Kansas law. 

The attorneys at Roth Davies LLC are dedicated to providing detailed legal counsel, compassionate support, and reliable advocacy. The firm is proud to serve clients in Overland Park, Kansas, and throughout Johnson County. Contact Roth Davies LLC to schedule a consultation.

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