Legal Question in Family Law in Kansas

Child Custody Without Divorce?

There is the possibility I may receive another job or my position may be transferred to another state. My husband has adamantly stated he will not move as long as his elderly parents are alive. I plan to take our daughter (she is 9 months old now) with me if this were to happen, but he says he will fight to keep her with him and his family. Would he have any legal right to do this? I do not plan on divorcing him. I am the breadwinner in the family and because of my job we have insurance (health, dental, life). He is currently serving time in a work release program to serve a mandatory 90 day sentence for DUI convictions. His time away from his daughter will total 6 months. His legal troubles will have cost us close to $10,000 by the time this is over. What legal recourse would he have to keep our daughter with him in Kansas? Especially if we don't divorce and he can find work in the area we move to.....


Asked on 4/12/08, 2:09 pm

1 Answer from Attorneys
Rian Ankerholz Ankerholz and Smith

Re: Child Custody Without Divorce?

Based on the information provided, your husband's situation does not appear optimal for raising a young child. You should be aware of the legal requirements for changing the residence of a child. Special notice is required. Consult an experienced family law attorney.

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Answered on 4/13/08, 4:09 pm


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