Legal Question in Family Law in Kansas

Can my ex stop me from moving out of state?

My ex and I have been divorced since 1992, and the custody orser states that we have "joint custody" but I have primary residence. The children have lived with me the entire time, except for a 10 month period last year(I went out of the country, had an injury, and required surgery and physical therapy, but i am completely recovered now and able to care for the children). I now have an opportunity for a 13 week job in Oregon, after which I would return to kansas. I want to take the kids with me, but my ex says i need his permission and he won't give it. The divorce papers state that i must notify him in writing 21 days before leaving the state with the kids, if they will be gone 90 days or more. 13 weeks is just 7 days over 90. Also, nowhere in the divorce order does it speciafically state that he must agree, only that I have to notify him. He says it is just implied that he must agree. I need to let my potential employer know very soon whether i will accept this job, and dont have time for long litigation. Can he really prevent me from going there for this time period with the kids? Thank you for your time!


Asked on 5/29/00, 4:00 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Can my ex stop me from moving out of state?

You only have to give notice. He may file for an order restraining you from leaving with the children. If he does then you explain to the judge why this is a good idea and why the kids should come with you. Since you are returning it is not likely that the court will keep you from going. You may want to make a side agreement, in writing and notarized, with your ex which allows you to take the kids with special visitation for him - i.e., you fly them back to KS so he can have a week with them half way through - or something.

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Answered on 7/18/00, 3:43 pm


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