Parents often want to relocate to another city or state—especially after a separation or divorce. Kansas law requires strict documentation of relocation, whether because of a job opportunity, to live closer to family, or a remarriage. When the court has already adopted a parenting plan, changes to custody agreements may require legal professional guidance.
When one parent seeks to relocate with their child, the other has the right to object. A seasoned child custody attorney could make the case for or against a relocation request in court. Let a Lincoln County relocation lawyer review your case and advise you on your chances of success.
Common Reasons Parents Relocate
A parent might seek to relocate out of state without an ex for many reasons. Often, relocation is about moving away for better opportunities. This could include a job possibility for a parent or educational or medical opportunities for a child.
However, not every attempt to relocate a minor is made in good faith. Some parents seek relocation to damage the child’s relationship with the other parent. A Lincoln County relocation attorney could fight back against requests made solely in spite.
Before one parent can relocate with their child, they must notify the other parent of their intention. That parent can either consent or object to the request.
State law requires a moving parent to give at least 30 days’ notice before changing residences. If the parent plans on moving out of state with the child, they must provide at least 90 days’ notice.
There are severe consequences for failure to provide notice in writing before relocating. The moving parent could face contempt of court, which could result in fines and incarceration. An out-of-state relocation lawyer in Lincoln County could ensure you or your child’s other parent provides proper documentation.
Petitioning for Relocation
When parents disagree on relocation, the parent who intends to move with the minor must petition the court for permission. The law is not biased for or against relocation. Instead, the court determines relocation benefits based on the child’s best interest. This means a person seeking to relocate must show that changing the custody arrangement and allowing relocation is best for the child.
A judge will carefully consider a parent’s reason for requesting relocation. The court might agree to relocation if the reason will likely provide the child with more opportunities or a stable home. However, a judge will hesitate to accept a relocation request if the reason seems to present ulterior motives aside from a child’s best interest.
When a judge rejects a relocation request, the current parenting plan remains in place, and the parent intending to relocate is barred from taking the child with them. If they intend to relocate without the child, they would need to seek a change in the current parenting plan with the court. Help from a Lincoln County child relocation attorney could better a parent’s chances of fighting for or against a relocation request.
Contact a Lincoln County Relocation Attorney Today for Help Navigating the Process
Relocation is an issue that often elevates emotions quickly. When dealing with relocation, rely on an attorney skilled in family law who could help you understand your rights.
Call a qualified Lincoln County relocation lawyer right away to learn more. We have years of experience fighting for people in similar situations at Addair Law, so do not hesitate to schedule a consultation today.