Legal Question in Family Law in Kansas

If parents are seperated but still married, is it legal for the parent that does not keep the children to take them out of state permenatley?


Asked on 7/10/10, 8:37 pm

1 Answer from Attorneys
Rian Ankerholz Ankerholz and Smith

If the parties are legally separated, the provisions of the Decree of Separate Maintenance will control. If the parties have physically separated, but no court orders are in effect, then both parents have equal decision-making and power over the children. If no court papers have been filed, then the provisions of KSA 60-1620 do not apply, and there is no specific notice requirement for moving the kids. It would be necessary for the parent who is afraid the kids will be moved to file court papers to prevent it.

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Answered on 7/12/10, 7:57 am


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