38-1132. Change in child's residence; notice; effect; exception.
38-1132
38-1132. Change in child's residence; notice;effect; exception.(a) Except as provided in subsection (d), a parent granted rightspursuant to subsection (d) of K.S.A.38-1121, and amendments thereto, shall give writtennotice to the other parent who has been granted rightspursuant to subsection (d) of K.S.A. 38-1121, and amendments thereto, not lessthan 30 days prior to: (1) Changing the residence ofthe child; or (2) removing the child from thisstate for aperiod oftime exceeding90 days. Such notice shall be sent by restricted mail, return receiptrequested, to the last known address of the other parent.
(b) Failure to give notice as required by subsection (a) is an indirect civilcontempt punishable as provided by law. In addition, the court may assess,against the parent required to give notice, reasonable attorney fees and anyother expenses incurred by the other parent by reason of the failure to givenotice.
(c) A change of the residence or the removal of a child from this stateasdescribed in subsection (a) may beconsidered a material change of circumstances which justifies modification of aprior order of child support, custody or parentingtime.In determining anysuch motion, the courtshall consider all factors the court deems appropriate including, but notlimited to:
(1) The effect of the move on the best interests of the child;
(2) the effect of the move on any party having rights granted pursuant tosubsection (d) of K.S.A. 38-1121, and amendments thereto; and
(3) the increased cost the move will impose on any party seeking to exerciserights granted under subsection (d) of K.S.A. 38-1121, and amendmentsthereto.
(d) A parent who has ben grantedrights pursuant to subsection (d) of K.S.A. 38-1121,and amendments thereto, shall not be required to give the notice required bythis section to the other parent when the other parent has been convicted ofany crime specified in article 34, 35 or 36 of chapter 21 of the KansasStatutes Annotated, and amendments thereto, in which the child is the victim ofsuch crime.
(e) This section shall be part of and supplemental to the Kansas parentageact.
History: L. 1998, ch. 139, § 11;L. 2000, ch. 171, § 11; July 1.