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 does not allow custody proceedings to occur simultaneously in different states, except in emergencies. A Kansas court must first check if a custody case is already active in another state that follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which Kansas has codified (K.S.A. 38-1336 et seq.).
According to K.S.A. 38-1353, a Kansas court cannot exercise jurisdiction if a custody proceeding is already underway in another state that complies with the UCCJEA, unless that proceeding has ended or is stayed because Kansas is a more convenient forum (K.S.A. 38-1354). If a Kansas court finds that another state has jurisdiction, it will stay its proceedings and communicate with that court. If the other state does not find Kansas to be a more appropriate forum, the Kansas court will dismiss the case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.