An agreed parenting plan is presumed in the child’s best interests, subject to specific contrary findings (§ 23-3202). Neither parent has a vested custody or residency interest against the other, and no presumption favors the mother of an infant or young child (§ 23-3204). A conditional rebuttable presumption against custody or residency applies to a parent residing with a person subject to specified offender-registration requirements or convicted of specified child abuse (§ 23-3205). Joint, then sole legal custody are listed in an order of preference (§ 23-3206).
Failure to perform a material marital duty or obligation. A third statutory ground is incompatibility caused by mental illness or incapacity, with institutionalization or adjudication and medical-prognosis requirements. Adultery is not separately enumerated.
Separation
none
Timing
Ordinarily the divorce action may not be heard until 60 days after filing. Section 23-2708 permits an earlier hearing upon a judicial order declaring the precise emergency and stating the material evidence and witnesses. Unless agreed otherwise, the emergency request awaits expiration of the answer period; unless waived, nondefaulting parties receive at least seven days’ hearing notice.
Relief without dissolution
Yes, separate maintenance on the same grounds, § 23-2701(a)
burden on the party seeking modification (no relocation-specific allocation)
Notice classification
yes
Trigger classification
any move (no distance threshold)
Effect of silence
No deemed-consent procedure specified in § 23-3222; existing order terms remain separate
What the court weighs
On a modification motion based on a change of residence or removal, the court 'shall consider all factors the court deems appropriate including, but not limited to' (1) the move's effect on the child's best interests, (2) its effect on any party with rights under the article, and (3) the increased cost the move imposes on any party exercising those rights (K.S.A. 23-3222(c)). This is a short, nonexhaustive, relocation-specific statutory list, read together with the general best-interest factors of 23-3201 and 23-3203. No presumption for or against the move.
Who carries the burden
The party seeking modification bears the burden to establish a material change of circumstances; if established, the court then determines whether the requested modification serves the child’s best interests (D.B. v. M.P. (2026, unpublished), citing State ex rel. Secretary, DCF v. M.R.B., 313 Kan. 855, 861–62, 865 (2021)). Grippin (2008) reversed a placement order that put the burden on the relocating parent when the other parent had moved to change placement. Section 23-3218(a) does not allocate the burden.
Notice and safety exceptions
Yes. A parent entitled to legal 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, sent by restricted mail, return receipt requested, to the last known address (K.S.A. 23-3222(a)). Subsection (d) excuses a parent entitled to legal custody or residency from giving notice to the other parent if that other parent was convicted of a specified crime in which the child was the victim; the exception is not stated for a parent whose only entitlement is parenting time.
Which moves trigger the rule
Any change of the child's residence (no mileage threshold), or removal from Kansas for more than 90 days (K.S.A. 23-3222(a)(1)-(2)).
Objections and the effect of silence
None in the statute: no objection deadline and no consent-by-silence rule. The other parent may move to modify custody, residency, support or parenting time. The move 'may be considered' a material change (-(c)). Failure to give notice is indirect civil contempt and may lead to fees and expenses (-(b)).
The modification threshold
Discretionary: a change of residence or removal 'may be considered a material change of circumstances which justifies modification' (23-3222(c)). In D.B. v. M.P. (2026, unpublished) the district court acknowledged relocation as a material change. Affirmed.
Other qualifications
Notice must go by restricted mail, return receipt requested, and noncompliance is expressly indirect civil contempt. The statute also covers removing the child from Kansas for more than 90 days, not just a change of residence. Military: under K.S.A. 23-3217(b), the absence, relocation or noncompliance of a parent who has received deployment, mobilization, temporary duty or unaccompanied tour orders is not by itself a material change warranting permanent modification.
Burden summary
Ordinary modification
Notice summary
30 days; exceptions apply
Trigger summary
Child residence change or removal from Kansas over 90 days
