60-1620. Change in child's residence; notice; effect; exceptions.
60-1620
60-1620. Change in child's residence; notice; effect; exceptions.(a) Except as provided in subsection (d), a parententitled to legal custodyor residency of or parenting time with a child pursuantto K.S.A. 60-1610 and amendments thereto shall give written notice to theother parent not less than 30 days prior to: (1)Changing the residenceof thechild; or (2) removing thechild from this statefor a period of time exceeding 90 days. Such notice shall be sent by restrictedmail, return receipt requested, to the last known address of the other parent.
(b) Failure to give notice as required by subsection (a) is an indirectcivil contempt punishable as provided by law. In addition, the court mayassess, against the parent required to give notice, reasonable attorneyfees and any other expenses incurred by the other parent by reason of thefailure to give notice.
(c) A change of the residence or the removal of a child asdescribed in subsection (a) may beconsidereda material change of circumstances which justifies modification of a priororder of legal custody, residency, child support orparenting time.Indetermining any motion seeking amodification of a prior order based on change of residence or removal asdescribed in (a), the court shall consider all factors the court deemsappropriate including, but not limited to: (1) The effect of the move on thebest interests of the child; (2) the effect of the move on any party havingrights granted pursuant to K.S.A. 60-1610, and amendments thereto; and (3) theincreased cost the move will impose on any party seeking to exercise rightsgranted under K.S.A. 60-1610, and amendments thereto.
(d) A parent entitled to the legal custody or residency of achild pursuant to K.S.A. 60-1610and 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 in which the child is the victim of such crime.
History: L. 1984, ch. 213, § 1;L. 1996, ch. 188, § 5;L. 2000, ch. 171, § 21; July 1.