Kansas Custody and Relocation: 30-Day Notice Rules and Court Factors

If you are entitled to custody, residency, or parenting time in a Kansas case, K.S.A. 23-3222 requires written notice at least 30 days before changing the child's residence or removing the child from the state for more than 90 days. Failure to provide the required notice constitutes indirect civil contempt, and the court may order the relocating parent to pay the other parent's reasonable attorney's fees and travel expenses.

The 30-Day Notice Requirement

The notice must be sent by restricted mail, return receipt requested, to the last known address of the non-moving parent. It should include:

• The proposed new address (or as specific a location as you know at the time)
• The proposed moving date
• The reason for the move
• A proposed revised parenting-time schedule that preserves the other parent's relationship with the child

Use the statutory restricted-mail method and keep the return receipt. That signed card is your proof of compliance if the issue goes back to court.

What Happens After You Send Notice

The non-moving parent has three options:

They can agree. If both parents are on board, you file a stipulated modification of the parenting plan with the court reflecting the new address and adjusted schedule. This is the fastest resolution.

They can object. The non-moving parent files a motion to prevent the relocation or to modify custody in response. Under K.S.A. 23-3222(c), the court treats relocation as a material change of circumstances, which gives the non-moving parent standing to request a custody modification.

They can do nothing. Silence does not modify the existing parenting plan. If the move would make the current schedule impractical, seek a court-approved modification before relying on a new arrangement.

How Courts Evaluate Relocation Disputes

When the non-moving parent objects, the court holds a hearing and evaluates the proposed move against the best-interest factors in K.S.A. 23-3203. Courts typically consider:

• The reason for the move — a job transfer, family support network, or educational opportunity carries more weight than a general desire for a fresh start
• Whether the move will substantially diminish the other parent's ability to exercise parenting time
• Whether a revised schedule can reasonably preserve the child's relationship with both parents — longer summer blocks, extended holiday rotations, and transportation cost-sharing arrangements
• The child's ties to their current school, community, and social network (factors 7, 11, 13, and 14 of the best-interest standard)
• Whether the relocating parent has a history of attempting to limit the other parent's involvement (factor 8)

Out-of-State Moves vs. In-State Moves

The statute covers any change of the child's residence, not just out-of-state relocations. A move from Johnson County to western Kansas — four hours apart — can disrupt a midweek parenting schedule just as much as crossing a state line. The statutory notice rule is not limited to moves across a state line.

For long-distance relocations, the practical question becomes whether meaningful parenting time can be maintained. A parent moving from Wichita to Dallas might propose summer blocks, alternating school breaks, and monthly virtual contact. A parent moving from Topeka to Portland would need an even more creative arrangement.

The Cost of Noncompliance

Failing to provide the required notice constitutes indirect civil contempt. Under K.S.A. 23-3222, the court may:

• Order the relocating parent to pay the other parent's reasonable attorney's fees and travel expenses
• Treat the relocation as a material change of circumstances, allowing the other parent to seek modification of custody, residency, or child support

The notice requirement applies to both parents, regardless of who has primary residency.

Planning a Move

If you're considering a relocation, start planning the revised parenting schedule before you send the 30-day notice. A well-structured proposal that demonstrates how the child's relationship with the non-moving parent will be preserved — with specific dates, transportation arrangements, and communication protocols — is far more effective than sending a bare notice and hoping for the best.

Our Kansas Child Custody & Parenting Plan Guide includes a relocation planning section with templates for the notice letter and revised parenting-time schedules.

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