Legal Question in Civil Rights Law in Kansas

I have two children. The father and i split up and we had legal cutody papers in place. In september he attacked me and i had to have him arrested. I then got a protection order covering my children and i. and he is not aloud to talk with the kids or see them. The criminal case will be settled in August and he will be going to Prison. my Job is wanting me to move from kansas to oklahoma. in our custody agreement i am required to give a written 30 day notice if i am moving. For obvious reasons i DO NOT want to inform him of our move nor my address or any information period because he is a danger to us. My question is does my protection order override the custody order. and can i go ahead and move and not worry about it.


Asked on 7/02/13, 8:41 am

1 Answer from Attorneys
Anthony Smith LawSmith

In most cases, a Temporary Restraining Order does not ovverride a duty to inform. You probably still have to give Notice of your proposed move. If you are fearful for your safety, you can file a Motion with the Court to waive your duty to give him an exact Oklahoma address. You might opt to move, without informing or getting a waiver, and take the risk, But, it could backfire on you. You couid be required to pay the full cost of the children traveling every month/week to see their father in prison, and you could lose custody. Perhaps you should consult with the attorney that represented you in the custody and/or Restraining Order actions.

Good luck

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Answered on 7/02/13, 1:12 pm


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