Legal Question in Family Law in Kansas

I live in Kansas and have been having trouble finding a clear answer to my question. I am divorced and my ex husband is currently incarcerated in a residential facility due to drug use and convictions. Our divorce was finalized over two months ago and I was awarded sole legal and residential custody as well as he is allowed no contact with our child. I am moving out of state the first week of August and know that I have to send him 30 days notice of the move. The concerns I have come from him starting to contact me again and making threats about the custody arrangement. He never responded to divorce papers or showed at court even with multiple notifications and chances to respond as well as has not paid any child support. He has not had contact with our son in almost a year. I want to know if there is any way he can prevent me moving or delay my move as we have a lot of money wrapped up in the move and come August will have no place to live if not able to move.

Asked on 6/17/16, 9:46 am

1 Answer from Attorneys

Anthony Smith LawSmith

Courts generally do not prevent a parent moving with their child, as long as the Ordered visits can occur. You say that he is ordered not to have contact with the child. If that is true, the father may have nongrounds to ask a judge to prohibit your proposed move. Based upon the few facts you provided, it appears that you will be able to move, ās long as you make proper notice.

Good luck

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Answered on 6/22/16, 8:09 am

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