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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in southeast KS and I'm the (father) non custodial

Customer Question

I live in southeast KS and I'm the (father) non custodial parent of my 16 yr old daughter. She has resided an hour away from me with her mother since 5th grade and is now a jr in high school. Recently her stepfather accepted a job 3 hrs away still in the state of KS and has left for his job already. Her mother has now accepted a job there as well and is leaving to join him and start her new job the first of January. They have decided to leave my daughter behind to finish out her last two years of high school and for her to live with her step grandparents while doing so. I'm not ok with the living situation but do want my daughter to finish school with her friends and what's been the norm for her. Currently my daughter has never received any of the child support that is paid to her mother which is around 1000/mo. We provide all the extras. This becomes a concern to me as to where the support will go. If her mother follows through with leaving her there which is 99% sure that's what's going to happen, what are my rights? If she's not living in the custodial household doesn't this become joint custody and at then I'm able to provide support directly to my daughter? Please help!
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Technically, a parent can decide to leave the child with whomever they want. So they have the power to do so - something like sending the child off to boarding school.

However, just because they can does not mean that the decision may be challenged. The only way to really challenge this decision is to request a modification for custody, which is something that it sounds like you want to do, anyhow. Meaning, one would request modification to become the managing custodian.

A sample petition is HERE. Instructions on how to file are HERE.

If the Court agrees that this is "in the best interest of the child," then the Court will give you custody, and you can make the decisions as to place of residence and education of the child in most cases.

While the suit is pending, one may wish to file for temporary custody orders to get temporary custody.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!