Legal Question in Family Law in Kansas

Moving out of State

My ex-husband and I have been divorced for 6 years and have a 6 year old daughter. since the divorce we have lived about 5 minutes apart. My husbands job is asking us to transfer to another location, and we will be moving to Missouri only about 2 hours away. My ex gets to see our daughter every other weekend from 8:00am Saturday until 8:00pm on Sunday, I want permission from the courts to move and to change his visitation hours to 9:00 on Saturday until 6:00 on Sunday (School) and I know my ex wont go for it. I dont have money to hire an attorny. My questions is... What are my chances of this being accomplished and what is the cheapest way to go about it?

Asked on 8/30/04, 1:39 pm

1 Answer from Attorneys

Scott Mason The Legal Resource Center

Re: Moving out of State

Assuming that your ex-spouse will not agree to the change of custodial order you will just have to explain to the judge that your husband has been relocated to Missouri and that given the fact that you will only be approx. two hours away this should not be a major issue to have the custody agreement modified. If you've had primary custody of your daughter for a significant amount of time and there are no issues related to your fitness as a parent then this should not be a problem.

You indicated that you cannot afford to hire an attorney, do you know if your ex-spouse will be represented. If not and you feel comfortable handling this matter on your own then I would advise you to consult as many resources as you can related to child custody modifications, the UCCJEA and PKPA. Also, have you checked to see if you might be eligible for legal assistance through legal aid.

Scott Mason

Self Help Law Center

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Answered on 8/30/04, 9:52 pm

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