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37 Washburn L.J. 497 (1997-1998)
A Kansas Approach to Custodial Parent Move-Away Cases

handle is hein.journals/wasbur37 and id is 527 raw text is: A Kansas Approach to Custodial Parent Move-Away Cases Steve Leben* Megan Moriarty** I. INTRODUCTION Child custody cases are readily conceded by judges to be among the most difficult cases they must decide. Among these cases, ones in which a custodial parent seeks to move to a distant location with the children are especially troubling. In some cases, the justification for moving away may be unassailable, yet the ability to maintain contact between the non-custodial parent and the child may be substantially eroded. In this article, we examine the approach that Kansas courts should take in these cases. We begin by reviewing the varying approaches taken at present in other states. Next, we review the pertinent social science literature for studies by psychologists and others that may bear on consideration of these types of cases. We then discuss how such information can and should be considered by trial and appellate courts. We next review the law presently applied in Kansas to these cases, as well as a set of factors tailored to move-away cases that we believe should be applied in Kansas courts. Last, we respond to other published articles that seek to decide these cases based on a presumption in favor of the relocating parent rather than on a careful review of the facts of each case. II. THE APPROACH IN OTHER STATES How to deal with a custodial parent who wants to move to a location distant from the other parent is a relatively new issue. Historically, children of divorce were considered chattel of the father and it was never considered that they would go with their mother over * State district judge, Johnson County, Kansas. B.A., 1978; J.D., 1982, University of Kansas. ** Student law clerk to Judge Leben. B.S., 1996, Kansas State University; J.D. expected 1999, University of Kansas. The authors express their appreciation to Darryl Bertsch, Peggy Chen, Julie Kunce Field, Gary Kretchmer, Dr. Jeff Montolio and Dr. John Spiridigliozzi for their helpful comments during our preparation of this article.

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