In our highly mobile society, it is not uncommon for people to move from one State to another. For people that move from a State where they obtained custody or support orders to another, this can create difficulty or inconvenience.
But, laws are in place that anticipate such situations and it is possible to transfer a case from one State to another. The key is making sure that the case qualifies to be transferred according to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA.)
What determines whether a case can be transferred to Kansas?
The first question that must be answered to determine if your case can be transferred is, “do either of the parties to the action still reside in the original State of jurisdiction?” For example, if your divorce occurred in Texas and then you along with your children moved to Kansas, it may be that the case can be registered in Kansas. However, so long as the other parent continues to reside in Texas, the case will remain there. On the other hand, if the other parent moved out of Texas after you moved to Kansas, it may be that you will be able to transfer the case to Kansas.
Another question that will need answered is “how long has it been since you moved to Kansas? It is possible to be rejected from filing a case if the appropriate amount of time has not passed. The UCCJEA states that a State becomes a child’s “Home State” after they have resided there for six months. Thus, it is recommended that the time pass before you Register the Foreign Decree in your new State.
What documents will be needed to have the case transferred to Kansas?
If you have determined that the case will be appropriate for transfer, the next step that you have to determine is what documents you will need to complete a proper transfer.
For the court to consider modifications to your case, it must have information about what was ordered in the original court. For that reason, you will want to get CERTIFIED copies of the orders that were previously made.
Courts like to see Court approved Parenting Plans, Agreements, Orders, Decrees, and journal entries. Having those documents on hand will help you provide the information and transparency that the Court needs to consider modifications. Once you have those documents, you can have the ability to start the actual case in Kansas.
What else do I need to know about having my case transferred?
In addition to meeting the minimum requirements under the UCCJEA and having the right paperwork, you will need a well-crafted Petition and knowledge of the other party’s physical whereabouts. To file your case in a Kansas Court, you will need the following:
- Complaint or Petition: A formal document outlining the details of your case, including the parties involved, the legal claims, and the relief sought.
- Jurisdictional Statement: A statement explaining why Kansas has jurisdiction over the case, particularly if the case originates from another state.
- Filing Fee: Payment of the applicable filing fee, which varies depending on the type of case.
- Certified Copies of Relevant Documents: If the case has been previously filed in another state, certified copies of the filings from that jurisdiction may be required.
- Supporting Documentation: Any evidence or documents that substantiate your claims, such as contracts, agreements, or correspondence. You will not file these documents but will want to have them ready for your evidentiary hearing.
Once the Petition and supporting documents are filed, you will have to make sure that the other party is provided formal notice of the case and any scheduled hearings. If you do not know where the other parent resides, you will want to speak to your attorney about your options.
This process is complex. If you decide to do this case Pro Se (by yourself), you will want to make sure that you read all of the relevant statutes before you go before the judge to explain what you want in the case. Thus, it may benefit you to hire a family law attorney to assist you you’re your case. Contact Addair Law at (785) 645-2732 to schedule your consultation.