Legal Question in Family Law in Kansas
Want to move out of state with my kids
I want to move to California from Kansas with my kids. Their father has very little contact with them, but says he is going to take me to court to stop me. I have sent him a certified letter stating our intentions. Should I retain an attorney and file before he does, or does it make a difference?
1 Answer from Attorneys
Re: Want to move out of state with my kids
If you have given more than 30 days notice of your intent to move, it appears you have fulfilled the requirements of K.S.A. 60-1620. Keep the return receipt to prove service was accomplished. If your husband does not file a Motion for a Restraining Order within 30 days from his receipt of the Notice, you should be able to relocate with the kids. Remember that any objection filed by the kids' father may hinder your plans. It is better practice to work out a long-distance Parenting Plan while you wait for the 30 day period to expire. Child support also may be affected. We have recently completed two relocation cases involving Child Custody Evaluation Reports done by Family Court Services. The judge is very likely to follow the recommendations of the Court services staff.