Legal Question in Family Law in Kansas

I am in a bad relationship with my children's father. It is psychological abuse that I am experiencing with him. Its also his controlling behaviors that have caused me to want to leave. I am wanting to relocate to a different state. I am willing to transport the children back for visitation and pay for the travel expenses. All I want to do is move, be closer to my support system in which I do not have here.

In 2012 my husband and I were not married, however due to the fact that he told me I could not take the kids with me when I left I talked to an attorney who drew up a joint custody agreement. Neither of us were made residental parent and there was no child support. We shared everything jointly. In that order, it stated that if he or I were to change residence or leave the state that we were to provide notice not less than 30 days of the time we were going to move.

I have since spoke to the same attorney who helped with the legal situation and I was informed that the prior custody agreement is null and void since he and I got marred in 2014.

I need to know if the custody agreement is still in place or if it is in fact null and void. Also since we are both married and neither of us have custody of the children, is there a possibility that I can move (leave state)? I am familiar with parental kidnapping and parental interference, but does this apply where we are both married and neither of us have custody?


Asked on 8/19/15, 10:33 am

1 Answer from Attorneys
Anthony Smith LawSmith

Generally, married parents may individually take the children across state lines. If you move to another state with the kids. You may trigger the jurisdiction of that other state. It appears that the he custody agreement is void in Missouri. But, it may be effective in that other state. You should also consult again with an attorney licensed in that state, before you move. Also consult directly with a Missouri attorney about your plans.

Good luck

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Answered on 8/20/15, 7:24 am


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