The KSA-23-3222 is the relocation statute. The state of Kansas does have a very specific statute on this issue. It requires that a party wishing to relocate must provide the other parent written notice, and the written notice sent by certified mail with a return receipt requested, to the last known address of the other parent. In that notice, you are supposed to indicate your intended moving date and the location in which you intend to move. Courts have been somewhat lenient on the second issue, in that if you do not have a clear address, you can give a general city, state and zip code of where you are going to be moving. Obviously, the clearer the notice is, the better it will uphold in court.
That notice has to be sent thirty days in advance of the day you plan to move. I tell all of my clients, if you know what day you want to move, you at least want to send it out thirty-two days in advance, just to make sure it gets there and you do not have issues with that. That is the requirement the notice needs to be provided. From that point in time, if you do receive one of those notices, and you are not okay with the move, that notice would be required. Whether you are moving down the street, or you are moving to the opposite coast of the country, there is no distance implied or stated in the statute as to when you have to give that notice.
For example, if you were changing your current residential address and making a movie that impacts where the kids would stay, then you have to give that notice. Again, that is whether you are moving down the street, across the country, or out of the country. Once that notice has been provided, if you are not okay with the movie and if you want to object as the other parent, you should promptly get in touch with an attorney.
That notice does not have to get sent to your attorney, it just has to get sent to you personally, and it is your job to inform your attorney. Traditionally, what we would want to do if you are not okay with it, is very timely get a motion on file with the court, notifying them that you received the notice, and then state and levy the objections for whatever reason you are not okay with the move. As I further tell clients in certain situations, you may want to request an emergency hearing if, for example, someone has indicated that they are going to move a good distance away from their current state.
For example, our practice is located out of the greater metropolitan area. So say someone were to move to western Kansas, which could be a good eight, nine hours away, even though it is in the same state. A monumental move, distancing parents greatly, can make a lot of things different in a case. If you live that far apart as parents, you would want to get in front of the court immediately to stop the other parent from moving. Usually, what the court will do is enter a temporary injunction saying, “Hey, other parent, you did what you needed to do by sending the notice, but this other parent has now objected, so I, as the court am telling you, don’t move right now until we get this issue straightened out.” They will then have an evidentiary hearing on this case, and hear everybody’s arguments in full. Those are the basic logistics of how that works.