Legal Question in Family Law in Kansas
Who has Child Custody while parent is deployed?
My ex-wife and I have Joint custody of our two boys (Ages 13 & 12) but the ex-wife is the primary custodial parent and lives in Olathe, Kansas with both children.
My ex-wife has been ordered to deploy to Iraq for up to one year starting in July 2007. When I spoke to her and told her that I would need all of the kids clothes and school transcripts when I come to get them for the summer, so that I can get them enrolled in school here with me.
My ex-wife tells me that the boys didn't want to leave their school, friends or home to come and stay with me for one year while she was gone, but that they would stay there with their Step-Father and that she was going to sign over her custodial rights to the step-father while she was gone.
My questions are this;
(1.) How old would the boys have to be for the Judge in Kansas to listen and allow them to stay with the step-father?
(2.) How can she sign over primary custody of my children to a new husband, when he has no relationship to the boys except being a step-father?
(3.) Instead of arguing with her about this, what if I didn't return the boys back to Kansas at the end of the summer, but kept them here in school till she returns next summer? Would I get in trouble?
2 Answers from Attorneys
Re: Who has Child Custody while parent is deployed?
The test for relocating children is always what is in the best interest of the children. The natural father would have preference over a step-parent unless unusual circumstances exist. There is no certain age in Kansas for a judge to listen to children and some judges refuse to do so altogether. They rely on a Child Custody Investigation to document the children's feelings. Anything that your ex-wife would sign giving the step-parent custody rights would not be binding on you or the court. Just keeping the children after summer parenting time is not a good idea, as courts look favorably upon parents who try to follow court procedures. The proper procedure is to file a Motion for Change of Residential Custody, even for a temporary time period. We are here to help.
Re: Who has Child Custody while parent is deployed?
Information needed is where was the original custody issue settled, in Alabama or in Kansas. If here, then you file in a court here for custody. If in Kansas, you will have to file there. She can not legally sign her custodial rights over to the step-father, she can try and will succeed unless you challenge it in court.
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