CP relocated within the state without providing prior written notification.
CP resides in Kansas.
NCP has relocated out of state prior to the CP move.
Is the CP required to notify the NCP of intent to relocate (125 miles away but within the state of Kansas) prior to relocation?
Is verbal notification sufficent?
If not, would the NCP have recourse after the move is made?
Family Law Attorney
Kansas law requires any parent who has court ordered residency or parenting time with a child must give written notice to the other parent at least 30 days before moving to any other place. Kansas law also requires written notice to the other parent if a parent plans on taking the child outside the state of Kansas for more than 90 days.
KSA 23-3222 provides that the written notice must be sent to the non-moving parent by certified mail, marked “return receipt requested” and “deliver to addressee only.” The written notice must be sent to the address where the non-moving parent is then living or, if unknown, to the non-moving parent’s last known address. Failure to give this required notice may result in a finding by the court of “contempt” against the moving parent, which may also result in an order for payment of attorneys’ fees and costs the non-moving parent incurs.
The reason for the requirement of written notice of any move is to give the parents an opportunity to work out any needed changes to their parenting schedule before the move. Even though the majority of parents talk often about their plans, there are many couples that don’t have easy or free communications about their situations or their plans. This notice requirement is intended to help parents keep each other informed about some things the Legislature believes is critical: that parents should know where their child is living so that they can easily continue their relationship with their child.
KSA 23-3222 states:
23-3222. Change in child's residence; notice; effect; exceptions. (a) Except as provided in subsection (d), a parent entitled to legal custody or residency of or parenting time with a child under this article shall give written notice to the other parent not less than 30 days prior to: (1) Changing the residence of the child; or (2) removing the child from this state for a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.
(b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.
(c) A change of the residence or the removal of a child as described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency, child support or parenting time. In determining any motion seeking a modification of a prior order based on change of residence or removal as described in (a), the court shall consider all factors the court deems appropriate including, but not limited to: (1) The effect of the move on the best interests of the child; (2) the effect of the move on any party having rights granted under this article; and (3) the increased cost the move will impose on any party seeking to exercise rights granted under this article.
(d) A parent entitled to the legal custody or residency of a child under this article shall not be required to give the notice required by this section to the other parent when the other parent has been convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 2012 Supp. 21-5401 through 21-5609, 21-6104, 21-6325, 21-6326, 21-6419, 21-6420 or 21-6421, and amendments thereto, in which the child is the victim of such crime.
This response does not constitute legal advice and does not create an attorney-client relationship. I am licensed to practice only in Kansas. Seek legal advice from an attorney in your state or the state in which your legal claim exists.
1 lawyer agrees
Divorce / Separation Lawyer
Mr. Nelson's answer is, as always, spot on. The relocation requirement is still there, though whether or not the court will take any action is another matter. Since you're in KCK, and you say that the other parent moved out of state, it could be that they moved to KCMO, in which case you've made a unilateral decision to move the child a substantial distance from the NCP.
This advice is based upon limited and hypothetical circumstances. For an answer that is specific to your situation, please consult an attorney. The answering of this question does not create an attorney/client relationship, and the poster should seek additional information from qualified legal counsel. Many attorneys, like ours, offer no-cost consultations.
1 found this helpful