Kansas Divorce and Child Custody Cases Involving Threat of Parental Abduction Addressed in Legislation
A bill addressing the threat of parents abducting children during Kansas divorce or child custody proceedings is waiting for a signature from Governor Kathleen Sebelius. Last Friday, the Kansas House of Representatives followed the state Senate’s January passing of this legislation with a whopping 123-0 vote of approval. While this bill would not provide any new legal remedies, it would at least provide courts with factors to consider and determine whether the threat of parental abduction is credible in Kansas child custody cases, according to a Lawrence Journal-World story.
This legislation would let courts consider whether one parent has threatened to abduct a child or already sold a house, refused Kansas child custody orders, applied for a passport or done other specific things, and then allow judges to act in the best interests of the child. Specifically, this legislation would spell out what judges could do when this threat of parental abduction during Kansas divorce or child custody cases does exist. Citing a few examples, a judge would be allowed to impose travel restrictions, prohibit the removal of the child from Kansas, order for the child’s return to the state, and put restrictions on custody and visitation rights. This legislation would also allow judges to issue a warrant rather than a court order for the abducting parent to immediately return the child to Kansas.
This bill was drafted by the National Conference of Commissioners on Uniform State Laws with the hope that it would be adopted in all states. Nebraska and South Dakota have already enacted this legislation. In addition to Kansas, legislatures in Colorado, Connecticut, Nevada, South Carolina, Texas and Utah are considering this bill. Stay updated on any developments with this legislation in Kansas and any other states right here at The Divorce Blog.
