Legal Question in Family Law in Kansas
I'm recently divorce in KS and my ex has not abided by his parenting time. The last he saw the childern was July 4th and since then he moved to CO. My question is do I have to modify the parenting plan, because now I'm going to move to GA to be closer to family? MB
1 Answer from Attorneys
Whenever there are material changes to the parties' circumstances, such as moves by either or both parties to different states, I think it is a good practice to move the Court to modify the parenting plan to account for the pertinent changes in circumstances. Otherwise, the parenting plan that is on file with the Court (and thereby being the Court's order) is not consistent with the children's circumstances. This can be the source of major problems if and when either party attempts to enforce the parenting plan. You also have a duty pursuant to K.S.A. 60-1620 to notify the non-residential parent of your move. You should review that statute, and consult with an attorney if necessary, to make sure that you comply in all respects with the statute.