Full question:
If a child is left with the non-custodial parent for six months and the child now resides with the non-custodial parent in another state and is attending school in that state, does the non-custodial parent have rights to move the order from Missouri to Kansas so that the non-custodial parent's home state will have jurisdiction over the child? What is the law concerning how many months the child must be with the non-custodial parent to claim residential custody?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Kansas
Answer:
Kansas law prohibits simultaneous custody proceedings in two different states, except for temporary emergency situations. A Kansas court must first determine whether a custody proceeding had been commenced in another state having jurisdiction substantially in conformity with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), as codified in Kansas at K.S.A. 38-1336 et seq.
K.S.A 38-1353 provides:
Except as otherwise provided in K.S.A. 38-1351 and amendments thereto, a court of this state may not exercise its jurisdiction under K.S.A. 38-1348 through 38-1357 and amendments thereto if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this act, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under K.S.A. 38-1354 and amendments thereto.
If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this act, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this act does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
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