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Under Kansas law, when a parent has legal custody (meaning, the right to make important decisions about a child's life) or physical custody (the child lives with that parent some or all of the time), or when a parent has a right to parenting time (visitation), that parent can't just move away with the kids without the
The judge will consider a child's preference whenever the child is of sufficient age, maturity, and understanding. However, there's no specific age when a child can choose to live with one parent over the other.
The law specifically provides that no presumption exists that it is in the best interests of any infant or young child to award custody to the mother. In other words, when parents ask a Kansas court to determine custody of a child, the mother and father are on equal footing.
If the child is a teenager, the judge may be willing to consider the child's wishes as to residence and the child's reasons. There is no specific age when a child gets to decide where they live, but normally, the older the child, the more weight that child's desires are given by the court.
If one parent wants to take a child on an out of state vacation and the other parent will not give permission, then the parties may have to petition the court to settle the matter.
It's a common misconception that older children can refuse visitation with a non-custodial parent. On the contrary, until the child turns 18, the custodial parent must follow the visitation order and send the child for visitation. The only exception is if the parent believes the child is in immediate danger.
Under Kansas law, when a parent has legal custody (meaning, the right to make important decisions about a child's life) or physical custody (the child lives with that parent some or all of the time), or when a parent has a right to parenting time (visitation), that parent can't just move away with the kids without the
In such instances if a mother takes a child away without the fathers consent following an objection being raised then the mother may be guilty of child abduction. Abduction is failure to return the child following an agreed period.
2012 Statute (a) Interference with parental custody is taking or enticing away any child under the age of 16 years with the intent to detain or conceal such child from the child's parent, guardian or other person having the lawful charge of such child.
In Kansas, when a child is born to an unwed mother, the mother has sole custodianship. However, as the biological father, you have the right to seek child custody or visitation. As with all child custody decisions, the court will seek to promote the best interest of the child.