Can my ex move my child out of state without my permission?

There is one particular Kansas statute that appears on the surface to uphold fathers rights to access to their children, but upon further inspection reveals an alarming lack of respect for Kansas fathers’ rights.

The law requires the custodial parent (usually the mother) to give written notice to the non-custodial parent (usually the father) at least 30 days in advance of relocating the residence of the child, such as a move out of state.

Failure to do so is an indirect civil contempt punishable by law and includes awarding of attorney fees and expenses incurred by failing to give proper notice, a consequence that would seem to protect fathers rights and keep custodial parents from moving the children away without notice.

However, the statute implies a complete lack of regard for dads rights because no mention is made of the options available to the non-residential parent who receives the notice. In fact, the statute itself seems to imply that once notice is given the move is permitted. There is no process for filing an objection and no direction of whom to notify of such an objection.

The Kansas relocation statute does not require approval of the other parent or the court. A simple statement of “I intend to move the child’s residence in five weeks” appears to be sufficient to satisfy the statute.

Since your approval is not required you must not only notify the moving party of your objection, you also must seek help from the court. If you fail to bring the issue to the court, you may waive your right to participate in making this major life decision.

If you wish to stand up for fathers rights and prevent the child from being relocated without having any input in the decision, it is extremely important to respond immediately.

Get help with dads rights in Overland Park, Kansas by arranging a meeting with a Cordell and Cordell mens divorce attorney. Please call 1.866.DADS.LAW.