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Residential Parent wanting to move with Child

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p6g

Junior Member
What is the name of your state (only U.S. law)? Kansas

I am the Residential Parent of my daughter. Her father is the Non-Residential Parent & gets visitation. My court papers do not say anything about having to notify him about any kind of move that I make, but after looking online I thought I might double check by asking on here. Do I have to notify him 30-days before I plan to move, even thought it doesn't mention it in our court papers?
 


Indiana Filer

Senior Member
What is the name of your state (only U.S. law)? Kansas

I am the Residential Parent of my daughter. Her father is the Non-Residential Parent & gets visitation. My court papers do not say anything about having to notify him about any kind of move that I make, but after looking online I thought I might double check by asking on here. Do I have to notify him 30-days before I plan to move, even thought it doesn't mention it in our court papers?
Why wouldn't you notify your child's father in advance of the move?
 

p6g

Junior Member
Well Im planning to after the fact. Im not wanting to before or else I'll have him, my mother, and sister, over here herrassing me. Id rather just go and avoid all the drama.
 

breezymom

Member
According to § 60-1620. Change in child's residence; notice; effect; exception,
you must give at least 30 days' notice when planning on relocating the child's residence permanently or for more than 90 days.

If you do not give notice, you could be found in contempt of court and be forced to pay the father's legal fees. The court will also assess if the move was in the child's best interest as well as how it will affect the visitation rights of the father.
 

mistoffolees

Senior Member
Well Im planning to after the fact. Im not wanting to before or else I'll have him, my mother, and sister, over here herrassing me. Id rather just go and avoid all the drama.
So you'll deprive him of his legal rights, instead. :eek:

Breezymom has it right. You must notify him:

According to § 60-1620. Change in child's residence; notice; effect; exception,
you must give at least 30 days' notice when planning on relocating the child's residence permanently or for more than 90 days.

If you do not give notice, you could be found in contempt of court and be forced to pay the father's legal fees. The court will also assess if the move was in the child's best interest as well as how it will affect the visitation rights of the father.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Kansas

I am the Residential Parent of my daughter. Her father is the Non-Residential Parent & gets visitation. My court papers do not say anything about having to notify him about any kind of move that I make, but after looking online I thought I might double check by asking on here. Do I have to notify him 30-days before I plan to move, even thought it doesn't mention it in our court papers?
How far exactly do you plan to move?
 

icelyn

Member
Wouldn't it be nice

What is the name of your state (only U.S. law)? Kansas

I am the Residential Parent of my daughter. Her father is the Non-Residential Parent & gets visitation. My court papers do not say anything about having to notify him about any kind of move that I make, but after looking online I thought I might double check by asking on here. Do I have to notify him 30-days before I plan to move, even thought it doesn't mention it in our court papers?
For us CP to be able to move without all the drama that BD's cause and rear their ugly heads only when it benefits them. I have found that many (not all) have little real parenting interaction with children even during own parenting time, but the minute something happens they don't like they are all too willing to get involved then. I am pretty much where you are only he is a resident. I followed the Court Order in providing dad with my intent of taking our daughter out of state. My order stipulates 3 days advance. Dad has an attorney and I sent my notification to his attorney. That is who he pays. I'll be damned if dad didn't come back many months later stating that I took our daughter out of state without notification. The order doesn't stipulate how the notification has to be given. Nothing came out of it. It was dad grasping at straws. If I were to relocate my order does stipulate 30 or 60 days. Sorry, I don't have it in front of me. Here is the thing about revised statuates. They are appear to be guidelines. If everyone followed what they should be doing based on how they were written and their intent then they would be a lot less stress in the world. But like Court orders everything appears to be up for interpretation. Unfortunately not everyone's interpretation is the same. Would be nice if it were. I get trying to avoid the drama. The drama is much worse after the fact. Let dad know. Give him 30 days. And expect him to react the last day of. Keep in mind though that should he pursue the issue, you may find yourself in Court explaining a plausible reason as to why you are moving regardless of whether or not he lives in the area of your current residence. There may be a shift in his visitation. It sucks I know.
 

Proserpina

Senior Member
For us CP to be able to move without all the drama that BD's cause and rear their ugly heads only when it benefits them. I have found that many (not all) have little real parenting interaction with children even during own parenting time, but the minute something happens they don't like they are all too willing to get involved then. I am pretty much where you are only he is a resident. I followed the Court Order in providing dad with my intent of taking our daughter out of state. My order stipulates 3 days advance. Dad has an attorney and I sent my notification to his attorney. That is who he pays. I'll be damned if dad didn't come back many months later stating that I took our daughter out of state without notification. The order doesn't stipulate how the notification has to be given. Nothing came out of it. It was dad grasping at straws. If I were to relocate my order does stipulate 30 or 60 days. Sorry, I don't have it in front of me. Here is the thing about revised statuates. They are appear to be guidelines. If everyone followed what they should be doing based on how they were written and their intent then they would be a lot less stress in the world. But like Court orders everything appears to be up for interpretation. Unfortunately not everyone's interpretation is the same. Would be nice if it were. I get trying to avoid the drama. The drama is much worse after the fact. Let dad know. Give him 30 days. And expect him to react the last day of. Keep in mind though that should he pursue the issue, you may find yourself in Court explaining a plausible reason as to why you are moving regardless of whether or not he lives in the area of your current residence. There may be a shift in his visitation. It sucks I know.



Statutes are LAWS and court orders are ORDERS - not guidelines, not suggestions.
 

icelyn

Member
Are you illiterate?

And your case has absolutely nothing to do with the OP's situation.
I gave her an honest example of what has happened in my situation where I followed a Court order. Rather than acknowledging that I offered her some advice in letting her know to give the dad a 30-day notice you read something where I stated that statutes and Court orders give the appearance of being up for interpretation and look like suggestions. I did not say there were suggestions. What are you creditentials? I have had numerous officers read my Court orders and have asked about certain statutes. They aren't enforceable is the common answer. Very grey. So throughly read the post in a thread before you get on your high horse. If you are a Judge...goodie for you.
 
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