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VanDLaw, Family Law Attorney
Category: Family Law
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Experience:  Divorce, Child Custody, Child Support, Adoption
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I am trying to relocate to a different state andmy ex is fighting

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I am trying to relocate to a different state andmy ex is fighting me on taking the kids. I have residential custody. What should I do?
Submitted: 8 years ago.
Category: Family Law
Expert:  VanDLaw replied 8 years ago.



Kansas uses the 'best interest of the child' standard when considering a primary parent relocation. You must also give the other parent a 30 day written notice of your intent to move. They will have to object, and then a Judge will decide if you can make the move.


You will need to prove that it is better for the child if you move, not necessarily better for you. Having employment in another state always helps, but you will need to show why you are moving and why it is better than staying. Extended family, better job, more opportunities, etc. If the other parent has been active in the child's life, exercised his visitation, and objects it is going to be hard to prove that it will be better for the child to move.


You also need to present a viable visitation schedule for the other parent in place of the one they currently have.

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