Start Your Divorce Today - Premium Divorce Online

Topic Options
#773344 - 04/28/17 08:26 PM Distance parent can move child away w/o consent?
sagexp Offline
recently joined

Registered: 04/28/17
Posts: 3
I'm searching statutes and on see that Kansas says one parent can't move "out of state" without consent of other parent.

Situation is this:

My son was just advised by his daughter's (8 months)mother that she accepted a job all the way on the other side of the state, 300 miles and 5 hours away. But still within the state.

No official custody agreement or arrangement. They split due to her infidelity issues when baby was 6 months old, two months ago.

Currently they live about 45 miles apart. Things have been amicable since, and he sees his daughter at least three days a week, and often more, and she stays with him often. He's a good parent, and there have been no issues with either of them as far as being fit parents.

But now she wants to move, and appears to be standing firm. I told him to remain calm (he's a calm guy) and just tell he he can't accept that, and she can move, but he will resist her taking the child with.

What are the laws on this? If she insists, I imagine first step is getting to a lawyer ASAP, filing for custody, and getting a restraining order for her to not take the child out of the county.

I've got a call into a lawyer there who I used years ago in a similar situation, but have not heard back.

Right now want to see what his rights are so he can address this calmly and rationally with her and just advise her of what the courts will or won't allow her to do, and what his rights are.


Responses appreciated greatly.

Top
#773345 - 04/29/17 12:55 AM Re: Distance parent can move child away w/o consent? [Re: sagexp]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 791
"No official custody agreement or arrangement"

If they were never married, she is free to take the child wherever she likes.

He needs an attorney yesterday and someone is who is both specializes in family law and is a litigator.

Top
#773346 - 04/29/17 01:43 AM Re: Distance parent can move child away w/o consent? [Re: MinnesotaMom]
sagexp Offline
recently joined

Registered: 04/28/17
Posts: 3
[quote=MinnesotaMom]"No official custody agreement or arrangement"

If they were never married, she is free to take the child wherever she likes.

He needs an attorney yesterday and someone is who is both specializes in family law and is a litigator. [/quote]

Paternity has been established as far as Kansas is concerned. He is listed on birth certificate as father and they completed the paternity acknowledgement forms in the hospital. So I do know she can't just take the child "anywhere she likes". If that were the case, then so could he.

Top
#773348 - 04/30/17 02:49 PM Re: Distance parent can move child away w/o consent? [Re: sagexp]
Goodmom Offline
Pooh-Bah

Registered: 06/17/07
Posts: 2202
Having paternity established does not give him parenting rights. Is there a court order regarding parenting time and legal custody?

In the absence of that, she is free to move her child where she wants. And he is not.

In addition to above, your son living 45 minutes away is not going to help him fight a relocation. His best bet is to move to where the child lives.

Top
#773390 - 05/04/17 02:08 PM Re: Distance parent can move child away w/o consent? [Re: sagexp]
SRS Offline

Carpal \'Tunnel

Registered: 11/05/10
Posts: 2585
I am from Kansas and I moved my children out of state so we could have family support. We had a custody agreement in place. He moved several times after we divorced without notifying the court which hurt him. He wasn't involved with our children at all and I had everything documented including every time he stood the kids up for visitation. I gave him and the courts exactly 30 day notice as required. He tried fighting it but I won.

Without a custody agreement filed with the court, either one could have moved the child.

Him currently living 45 minutes away kind of screws him.

He should get an attorney and file a custody agreement asap.

Top
#773393 - 05/05/17 01:17 AM Re: Distance parent can move child away w/o consent? [Re: sagexp]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 791
"Without a custody agreement filed with the court, either one could have moved the child."

This is typical if you were married. My impression is the OP's son was never married. In those cases, the father has no parenting rights since there is no legal custody agreement.

Top
#773400 - 05/05/17 08:45 PM Re: Distance parent can move child away w/o consent? [Re: sagexp]
sagexp Offline
recently joined

Registered: 04/28/17
Posts: 3
He has obtained an attorney, temporary orders are in process, and she will be served shortly with motions and the temporary orders. She's not taking the kid anywhere right now. At least not legally. If she violates the orders and does it anyway, that would be a horrendous mistake on her part.

He will not be following her wherever the wind blows her with her ill conceived and unilaterally chosen plans, and will not allow his daughter to be moved around subject to her mother's flights of fancy. He has been stable in the town where they are at for 20 years, and has a good job there. They both grew up there and have family and a support network there.

Further it has been discovered and leaked to family since the filing that she is in fact moving to be close to her "next" guy, and has very little - if anything at all - to do with a job opportunity.

He lives 45 miles away because she moved in with family after they split. That he was okay with and consented to, as it is a reasonable distance. It's a short drive, they often meet half way, and they exchange time at least two times a week. He cares for his daughter two to four days a week, depending upon what they each have going or would like to do with her during any given week.

Forty five miles versus over 300 miles and 4.5 hours each way is the game changer. Spending 10 hours in a car with a baby every week or two is not realistic and certainly far from ideal. Not to mention safety concerns with that type of extended travel, time behind the wheel, etc., on a continuous and ongoing basis.

Top
#773402 - 05/06/17 03:05 AM Re: Distance parent can move child away w/o consent? [Re: sagexp]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 791
I wish him well. Getting an attorney was the best thing he could do.

Top

Moderator:  dsAdmin 


Resources & Tools
Start Your Divorce Online Start Your Divorce
Several Options to Get Started Today.
Divorce Tools Online Divorce Tools
Keeping it Simple to Get the Job Done.
Divorce Downloads Download Center
Instantly Download Books, Guides & Forms.
Divorce and Custody Books Discount Books
Over 100 of the Best Divorce & Custody Books.
Negotiate Online Negotiate Online
Settle your Divorce and Save.
Custody and Support Tracking Custody Scheduling
Make Sure You Document Everything.

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code: