After a divorce, you and your ex-spouse will have new opportunities for the direction of your lives. Sometimes, those new opportunities can impact the current agreements that govern your children’s parenting time.
Lawyers are often asked, “What happens to our child?” If your spouse wants to move away but you share custody of the children of the marriage? After all, the child’s other parent cannot just drive away with your child and change the agreement without your approval.
If changes have been identified that would impact your right to spend time with your child, you can bring the matter back before the Court and ask the Court to modify your parenting plan.
Determine What You Want to Do
Now that the other party has indicated that they want to move and take the children, you must start by reviewing the child custody agreement to determine if there are any contingencies that already address the move.
If you agree to the move, you may nonetheless need to modify the custody agreement as you will want to make certain that a plan exists so that you can continue to have parenting time with your child.
If you do not agree to the move then you will have to file a Motion to Modify and outline in your motion the proposal you have for the updated parenting plan. Remember that in any case involving a child, the Court must consider the “Best Interest of the Child” Standard.
Providing Notice of a Move
When your child’s other parent wants to move their residence, the law requires them to give you notice of a move no less than thirty days prior to the move by sending a certified letter to your last known residence. Once you receive a notice, contact an attorney immediately to discuss what options exist in your case.
If your child’s other parents has failed to provide you notice and moves, it is crucial that you immediately seek an attorney who can help you file a Motion to the Court.
Modifying a Custody Agreement
When a primary residential placement decides to move, a judge will determine whether the modification to the custody orders will be in the child’s best interest. If the primary residential placement (parent) plans to take the child, they must request a change in the other parent’s visitation schedule.
However, the non-primary residential placement (parent) still has the opportunity to become the primary residential if they can demonstrate that they can meet the child’s needs and the Court determines it is in the child’s best interest to remain in Kansas.
Seek Guidance from an Attorney to Protect Your Relationship with Your Child
If your former spouse wants to move and take your child, you should consult your current child custody agreement before approving any changes. If you do not want your child to move, hire an attorney to help you modify the residential placement orders. Even if you are okay with your child moving, you should consider talking to an attorney to help you figure out when you will see your child after they move and to address any child support changes that may come your way.