Kansas Statutes Annotated

K.S.A. § 23-3222 (2026)

Change in child's residence; notice; effect; exceptions

✓ current as of May 2026

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23-3222. Change in child's residence; notice; effect; exceptions. (a) Except as provided in subsection (d), a parent entitled to legal custody or residency of or parenting time with a child under this article shall give written notice to the other parent not less than 30 days prior to: (1) Changing the residence of the child; or (2) removing the child from this state for a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.

(b) Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.

(c) A change of the residence or the removal of a child as described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency, child support or parenting time. In determining any motion seeking a modification of a prior order based on change of residence or removal as described in (a), the court shall consider all factors the court deems appropriate including, but not limited to: (1) The effect of the move on the best interests of the child; (2) the effect of the move on any party having rights granted under this article; and (3) the increased cost the move will impose on any party seeking to exercise rights granted under this article.

(d) A parent entitled to the legal custody or residency of a child under this article shall not be required to give the notice required by this section to the other parent when the other parent has been convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5401 through 21-5609, 21-6104, 21-6325, 21-6326 or 21-6419 through 21-6422, and amendments thereto, in which the child is the victim of such crime.

History: L. 1984, ch. 213, § 1; L. 1996, ch. 188, § 5; L. 2000, ch. 171, § 21; L. 2011, ch. 26, § 44; L. 2011, ch. 91, § 25; L. 2012, ch. 162, § 53; L. 2015, ch. 94, § 11; July 1.

Notes of Decisions

Cited in 7 cases (4 in the last 5 years), 2019–2024 · leading case: In re Johnston, 520 P.3d 737 (Kan. 2022).

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In re Johnston, 520 P.3d 737 (Kan. 2022). · cites it 3× “provided written statutory notice of intent to move in accordance with K.S.A. 23-3222. In the hand-written notice, J.”

In re Marriage of Fellers (Kan. Ct. App. 2020). · cites it 8× “23-3218 and K.S.A. 2019 Supp. 23-3222 and, instead, only considered the relevant statutory factors in K.”

In re Marriage of Boles (Kan. Ct. App. 2021). · cites it 7× “She believed that Father's motion was inadequate under K.S.A. 2019 Supp. 23-3222 and related caselaw, and she asked the district court to dismiss his motion as a result.”

In re Marriage of McNutt & Gates (Kan. Ct. App. 2021). · cites it 4× “" See K.S.A. 2020 Supp. 23-3222(c). Once the court determines a material change exists, the district court will consider the bests interests of the child in modifying custody, residence, visitation, or parenting time.”

Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). · cites it 3× “Further, under K.S.A. 2018 Supp. 23-3222(c), the statute controlling changes in a child's residence states the following: "In determining any motion seeking a modification of a prior order based on change of residence or removal as described in (a), the court shall consider all…”

C.D. v. S.T. (Kan. Ct. App. 2024). · cites it 3× “See K.S.A. 23-3222(a) (requiring a parent "entitled to legal custody or residency" to "give written notice to the other parent not less than 30 days prior to: [1] Changing the residence of the child").”

In re Marriage of Stockman (Kan. Ct. App. 2020). · cites it 2× “23-3221(b); K.S.A. 2019 Supp. 23-3222(c). When a material change stems from a changed residency, courts look to several factors, including the move's effect and increased costs imposed on the non-moving party, and the effect on the best interests of the child.”

— K.S.A. § 23-3222(a) — 1 case

C.D. v. S.T. (Kan. Ct. App. 2024). “See K.S.A. 23-3222(a) (requiring a parent "entitled to legal custody or residency" to "give written notice to the other parent not less than 30 days prior to: [1] Changing the residence of the child").”

— K.S.A. § 23-3222(c) — 6 cases

In re Marriage of Fellers (Kan. Ct. App. 2020). “23-3218 and K.S.A. 2019 Supp. 23-3222 and, instead, only considered the relevant statutory factors in K.”

In re Marriage of Boles (Kan. Ct. App. 2021). “She believed that Father's motion was inadequate under K.S.A. 2019 Supp. 23-3222 and related caselaw, and she asked the district court to dismiss his motion as a result.”

In re Marriage of McNutt & Gates (Kan. Ct. App. 2021). “" See K.S.A. 2020 Supp. 23-3222(c). Once the court determines a material change exists, the district court will consider the bests interests of the child in modifying custody, residence, visitation, or parenting time.”

Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). “Further, under K.S.A. 2018 Supp. 23-3222(c), the statute controlling changes in a child's residence states the following: "In determining any motion seeking a modification of a prior order based on change of residence or removal as described in (a), the court shall consider all…”

In re Marriage of Stockman (Kan. Ct. App. 2020). “23-3221(b); K.S.A. 2019 Supp. 23-3222(c). When a material change stems from a changed residency, courts look to several factors, including the move's effect and increased costs imposed on the non-moving party, and the effect on the best interests of the child.”

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