On behalf of Stange Law Firm, PC posted in fathers’ rights on Friday, June 22, 2018.
Not having your kids around you all the time is often one of the most difficult byproducts of a divorce to deal with. Dealing with it can become even more difficult if your ex-wife suddenly comes to you and says that she intends to move away from Wichita. Several divorced fathers have come to us here at the Stange Law Firm in a similar situation wondering if there is anything they can do to stop such a relocation. While you may not be able to block your ex-wife from moving, you will be happy to know that there is legal recourse available to you.
Section 23-3222 of the Kansas Family Law Code deals specifically with parental relocation. It states that if your ex-wife does indeed intend to move, she must inform you of that intention at least 30 days prior to that happening. If she does not, she is viewed as being in contempt of you custody order and could be held responsible for any legal fees that you are required to pay in order to secure the safe return of your children.
If and when she does inform you of this, you have two options: The two of you can sit down together and come up with a revised custody or visitation schedule that is acceptable to both under the new circumstances. You can also choose to dispute the relocation, in which case the court will hold a hearing to consider revising your schedule for you. In doing so, it considers the following factors:
- Whether the move is in the best interest of your kids
- How the move will affect your access to them
- The financial burden you may have to assume to maintain contact with them
More information on dealing with parental relocation can be found here on our site.