Phone: 913-257-3110
A custody order or child support order reflects your family’s life at one moment in time. When life changes, the order may need to change with it. Sarah Carmody helps parents in Overland Park and throughout Johnson County modify existing orders and handle relocation, whether you are the parent who needs to move or the parent responding to a move.
Kansas courts can change an order for legal custody, residency, or parenting time when there has been a material change in circumstances since the last order (K.S.A. 23-3218). A material change is something significant, not a minor inconvenience. Common examples include a parent moving, a change in a child’s needs or schedule, concerns about a child’s safety, or one parent repeatedly interfering with the other’s parenting time. As always, the court applies the best-interests-of-the-child standard to any change.
A child support order can be revisited when there is a substantial change in circumstances, such as a meaningful change in either parent’s income, a change in the parenting time schedule, or a change in the cost of health insurance or childcare. Support is recalculated under the Kansas Child Support Guidelines using the updated numbers. You can read more about how support is set on the child custody and child support page.
Kansas has a specific rule for moving with a child (K.S.A. 23-3222). A parent with custody, residency, or parenting time must give the other parent written notice at least 30 days before changing the child’s residence or removing the child from Kansas for more than 90 days. The notice has to be sent by restricted mail, return receipt requested, to the other parent’s last known address.
This is not a formality. A parent who fails to give proper notice can be held in contempt of court and ordered to pay the other parent’s attorney fees and expenses. And the move itself can count as a material change in circumstances, which means it can open the door to changing custody or the parenting schedule.
If one parent objects to a move, the court weighs how the relocation affects the child’s best interests, including the child’s relationship with each parent, the reason for the move, and how a workable parenting schedule can survive the new distance. These cases move quickly and the details matter, so it is worth getting advice early, before you give notice or before the deadline to respond runs.
A material change in circumstances since the last order, after which the court decides any change based on the best interests of the child (K.S.A. 23-3218).
Yes. Kansas 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, sent by restricted mail (K.S.A. 23-3222). Failing to do so can result in contempt and attorney fees.
Yes, when there is a substantial change in circumstances such as a significant change in income, the parenting schedule, or childcare and health insurance costs.
If you need to modify an order or you are dealing with a relocation in Overland Park or anywhere in Johnson County, call or text (913) 257-3110 or contact us promptly, because relocation deadlines are short.
In addition to relocation, other life events may make modifications necessary. Increases or decreases in income, changes in parenting time, and other life circumstances may also make it necessary to adjust child support, custody, and parenting time.
Serving Kansas City area communities, including Mission and Overland Park, Kansas, we help parents modify their existing parenting plans and support orders to reflect the realities of today’s life.
For assistance with modifications or relocation, contact me, lawyer Sarah Carmody, at 913-257-3110.
Contact the Overland KS Divorce and Mediation Attorneys at Sarah Carmody Law, LLC at 913-257-3110 today!
The Sarah Carmody Law, LLC provide legal services for families located in these areas: Shawnee, Overland Park, Olathe, Leawood, Mission, Kansas City, Lenexa and Johnson County. Let us help you today.
