Legal Question in Family Law in Kansas

You do have a chance, especially if your wife is threatening to move your child to England without your consent. Such a move would severely weaken your relationship with your daughter, and the courts seek to maintain strong relationships between the child and both parents. Another factor that the courts consider in awarding custody is the child's ties to the community. So if your daughter has limited connections to England and significant connections to her current community in Kansas, that would be another factor against allowing your wife to move to England with the child.

In a divorce, there would be two issues that could potentially be litigated separately. One issue is who should be awarded primary residential custody of your daughter. The other is whether your wife should be allowed to move to England and take your daughter with her.

If your wife was awarded primary residential custody while arguing that she no longer plans on moving back to England, a standard divorce provision is that either party must give the other party 30 days notice before moving the child out of the state. If she would "later" decide to move back to England with your daughter, she would have to give you 30 days notice. You could then file a motion to modify custody based on changed circumstances.

If your wife argues during the initial divorce proceedings that she should be awarded primary residential custody, and she also discloses that she plans on moving the child to England with her, she would have to convince the Court that such a move would be in the best interests of the child.

The above analysis was contemplating a divorce action. If you are concerned that your wife will simply take the child to England with her without divorcing you, that presents a completely different set of issues. Either way, I encourage you to contact a Kansas divorce lawyer that offers a free consultation.