Can a parent with residental custody but joint custody move to another state when the father pays child support on time and has regular visitation with the child?
2 Answers from Attorneys
Re: child custody
Yes. However, you have to give the non-custodial parent written notice by certified mail, return receipt. Moving, even across town is grounds for a court to modify custody. Moving is considered a material change in circumstances, justifying a change in custody by the court. If your ex objects, he may file a motion to modify custody.
Re: child custody
Parents are allowed to move; the real question is whether the residential parent will be allowed to move the children.
Kansas law requires the residential parent to give written notice of any change in the child's residence address. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.
K.S.A. 1620(c) states:
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 pursuant to K.S.A. 60-1610, and amendments thereto; and (3) the increased cost the move will impose on any party seeking to exercise rights granted under K.S.A. 60-1610, and amendments thereto.
This procedure must be followed BEFORE a move.