Wichita Attorney Assists in Resolving Child Relocation Disputes

Kansas family lawyer works to protect parenting time rights

Even when spouses dissolve their marriage, their bonds with their children continue. Although a child may reside primarily with one parent, the other parent’s right to parenting time is protected by law. When the parent with residency considers relocating with the child and the other parent objects, a court review process must be satisfied. At David A. Hawley, P.A., I am a family law attorney serving the greater Wichita area for more than 25 years, I have ample experience in relocation disputes. I fight aggressively to protect my client’s parental rights as I pursue fair resolutions to these challenging situations.

Limits on a parent’s right to relocate with a child

In Kansas, parenting time is the right of a nonresidential parent to have frequent, meaningful contact with their child. Courts presume that maintaining a bond with both parents is in the child’s best interests. When the nonresidential parent objects to a relocation, a court will scrutinize the move’s potential effect on the continuation of their parent-child relationship. A court will also determine the custodial parent’s motives for the moves and will find the motives insufficient if they only benefit the parent without serving the interests of the child.

Process of petitioning the court for approval of a relocation

The residential parent must provide 30 days’ notice to the other parent via certified mail, return receipt requested, regardless of whether the move is within Kansas or out-of-state. If the other parent objects, the parent seeking to move files a petition with the county court, detailing the new address, the reasons for the move (e.g., job transfer or new career opportunity) and proposed parenting plan adjustments. 

Upon receiving notice, the nonresidential parent can file an objection within 30 days, which triggers a hearing on the matter. At the hearing, the court evaluates whether the move is in the child’s best interests. The residential parent has the burden of proving the benefits to the child. Evidence can include affidavits or expert testimony. The court weighs such factors as the stability and continuity of the child’s environment, the educational and emotional benefits of the move and the impact of the move on the child’s relationship with the nonresidential parent. 

The nonresidential parent’s right to oppose a relocation

The nonresidential parent can argue that the move harms the child, citing factors like reduced parenting time, educational disruption or diminished quality of life. Courts operate under the presumption that the status quo serves the child’s best interests, especially soon after a divorce. The nonresidential parent can request custody modifications if the relocation would burden their ability to maintain frequent, meaningful contact with their children.

Potential consequences of relocating without court approval

If a relocating parent fails to follow the court approval process, there are civil and possibly criminal penalties. Courts can modify the child custody order, awarding residency to the other parent. In family court, unauthorized moves harm a parent’s credibility, which can influence future rulings. The moving parent can be found in contempt, which can result in fines or jail time. A conviction of criminal interference with custody can draw up to six months in jail. 

Contact an experienced Wichita family law attorney for relocation disputes 

At David A. Hawley, P.A. in Andover, Kansas, I help clients throughout greater Wichita and beyond resolve family law conflicts, including relocation disputes. Call me today at 316-469-6809 or contact me online to arrange a consultation.