Moving Away With a Child in Kansas: Relocation Notice, Distance Rules and Burden of Proof
In Kansas a parent gives the other parent at least 30 days’ written notice before changing the child’s residence or removing the child from the state for more than 90 days. Skipping the notice is indirect civil contempt.
What does the Kansas relocation statute require?
A parent entitled to legal custody or residency of, or parenting time with, a child shall give written notice to the other parent not less than 30 days before changing the residence of the child or removing the child from the state for a period exceeding 90 days (K.S.A. 23-3222(a)).
| Question | What the statute says |
|---|---|
| Who must give notice | A parent entitled to legal custody or residency of, or parenting time with, the child |
| When notice is required | Before changing the child’s residence, or removing the child from the state for more than 90 days |
| How much notice | Not less than 30 days |
| How it is sent | Written, by restricted mail, return receipt requested, to the other parent’s last known address |
| If notice is not given | Indirect civil contempt, plus possible attorney fees and expenses |
| Exception | No notice to a parent convicted of listed crimes in which the child was the victim |
Is there a distance rule in Kansas?
No distance is stated. The notice is required before changing the residence of the child at all, and for removal from the state for more than 90 days, so even a short move can trigger the notice (23-3222(a)).
What happens if a parent skips the notice in Kansas?
Failure to give notice is an indirect civil contempt punishable as provided by law, and the court may assess against that parent reasonable attorney fees and other expenses incurred by the other parent because of the failure (23-3222(b)).
How does the court treat a move in Kansas?
A change of residence or a removal may be considered a material change of circumstances that justifies modifying a prior order of legal custody, residency, child support or parenting time. In deciding, the court considers all appropriate factors, including the effect of the move on the child’s best interests, its effect on any party with rights under the article and the increased cost the move imposes on a party seeking to exercise those rights (23-3222(c)).
Is there a burden of proof or a presumption in Kansas?
Not in the text of the section. The standard is the child’s best interests (23-3201), and the move is a ground to ask for modification, not an automatic ban.
What about support and the schedule after a move in Kansas?
A move can change the schedule and the percentage of time. Recount with the Kansas parenting time calculator and run the Kansas child support calculator.
Can the court assess costs against a parent who moves in Kansas?
Yes, in addition to contempt, the court may assess reasonable attorney fees and any other expenses incurred by the other parent because of the failure to give notice (23-3222(b)).
Does the child’s school matter in a move in Kansas?
Yes, indirectly. The location of the child’s school, the parents’ residences and workplaces and the child’s adjustment to home, school and community are custody factors (23-3203(a)(7), (13), (14)), so a move that changes them invites a modification request.
What should you do before moving in Kansas?
Read your parenting plan or order, send the written notice by restricted mail at least 30 days ahead, propose a revised schedule and ask a licensed Kansas attorney whether to seek the court’s approval first.
Frequently asked questions
How much notice do I have to give before moving with a child in Kansas?
Not less than 30 days, in writing, sent by restricted mail, return receipt requested.
Does Kansas have a distance rule for relocation?
No distance is stated; the notice applies to changing the child’s residence.
What happens if a Kansas parent moves without notice?
It is indirect civil contempt, and the court may award attorney fees and expenses.
Can a Kansas move change custody?
It may be considered a material change of circumstances that justifies modification.
Does moving change Kansas child support?
It can, if it changes the percentage of the child’s time.
Official sources
- K.S.A. 23-3201: custody, residency and parenting time criteria
- K.S.A. 23-3203: factors
- K.S.A. 23-3206: legal custodial arrangements
- K.S.A. 23-3207: residential arrangements
- K.S.A. 23-3222: change in child’s residence; notice
- Kansas Child Support Guidelines
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Kansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kansas attorney.