In today’s mobile society, parents commonly need to relocate, whether it be for work, remarriage, or to reside closer to family. Because moving can significantly impact the child of divorced parents, state law contains strict notice requirements for any parent who wants to move with their child.
Whether you wish to relocate or received notice that your co-parent intends to do so, a Manhattan relocation lawyer could ensure that you take the proper steps to preserve your relationship with your child. A compassionate attorney that is well-versed in the requirements for relocation could guide you through the legal process.
A parent who is relocating and wants to take their children with them must provide formal notice to the other parent, even if they do not have shared custody or visitation with the child. Under Kansas Statute §23-3222, the moving parent must give no less than 30 days’ notice if they plan to change the child’s residence or remove them from the state for more than 90 days. This notice must be in writing and sent by certified mail to the other parent’s last known address.
A failure to comply with these notice requirements could have serious consequences, including contempt of court charges. These are criminal charges that arise when an individual interferes with court proceedings. A judge may also order one parent to pay the other parent’s legal fees due to the lack of proper notice. Any parent intending to relocate should seek the advice of a knowledgeable local attorney before making any decisions that could be legally damaging.
In Manhattan, if a parent can demonstrate that a material change of circumstances is affecting a child’s well-being, they can seek a modification of custody or visitation. The law clarifies that changing a child’s residence or removing them from the state for an extended period of time constitutes such a change. Accordingly, a parent who shares custody could face losing precious time with their children if the other parent decides to move. In any case where child custody is an issue, a parent should consider consulting a relocation lawyer in Manhattan for legal guidance.
When evaluating a relocation request, a judge must consider the impact of the move on the parents and the child, as well as the increased costs that the non-relocating parent will incur to visit their child. A judge must also balance the potential benefits of moving against those of maintaining the child’s current relationship with both parents. If the court determines that relocation is in the child’s overall best interests, they will likely grant it.
It is essential for parents to keep in mind that the move must be in the child’s best interests. It is not sufficient if the move only benefits the parent who wants to relocate. For example, a parent who marries someone living out of state may want to move with their new spouse. In this situation, a judge will assess how that move specifically helps the child. Some positive benefits a judge may consider include better schooling for the child, closer proximity to extended family, or even a more suitable climate if the child suffers from particular health issues.
The process for relocating after a custody order has been issued is often complex. If a parent does not follow that procedure, they risk being denied the opportunity to move with their child, or worse, a change in custody to the other parent. On the other hand, a parent who is not moving risks losing time with their child if a judge grants the relocation request of a co-parent.
A seasoned Manhattan relocation lawyer could help you understand your rights and responsibilities under an existing parenting plan, as well as the steps you will need to take if you choose to modify it. Call today to speak with a legal professional about your relocation case.
