Moving Out of State with a Child with No Custody Agreement in Kansas: What You Need to Know
When it comes to relocating with a child, especially when no custody agreement exists, the process can be tricky. In Kansas, the law considers both parents to have equal rights to their child, even if they were never married or do not have a custody order in place. Therefore, it is essential to understand the legal requirements and steps involved in moving out of state with a child in Kansas.
1. Notify the Other Parent
Before moving out of state with your child, you must inform the other parent and provide them with details about the proposed move. This notification must be in writing and include your new address, phone number, and email address, along with the proposed relocation date. You must send this notification at least 30 days before the intended move.
If the other parent does not agree to the move, they may file a motion in court to prevent it. Therefore, it is crucial to discuss the move with them beforehand and try to reach a mutually acceptable agreement.
2. File a Motion for Relocation
If the other parent does not agree to the move, you will need to file a motion for relocation with the Kansas court. This motion must include your reasons for the move, details about the new location, and how the relocation will benefit your child. You must also provide a revised parenting plan that outlines the new custody arrangements.
The court will then schedule a hearing to consider your motion for relocation. The judge will consider various factors, such as the distance of the move, the reason for the move, and the child`s best interests.
3. Obtain Legal Custody
If you are the non-custodial parent, you will need to obtain legal custody before moving out of state with your child. Legal custody gives you the legal right to make important decisions for your child, such as healthcare, education, and religion.
To obtain legal custody, you will need to file a custody petition with the Kansas court and obtain a court order that establishes your custody rights.
4. Hire an Attorney
When it comes to moving out of state with a child, it is essential to seek legal advice and guidance. An experienced family law attorney can help you understand your legal rights and options, guide you through the legal process, and represent you in court if necessary.
Conclusion
Moving out of state with a child, especially when there is no custody agreement, can be a complex and challenging process. Therefore, it is essential to follow the legal requirements and seek legal advice from an experienced family law attorney. By doing so, you can ensure that your child`s best interests are protected, and the relocation process goes as smoothly as possible.