A long distance parenting plan in Kansas is a court-approved schedule for parents living far apart, governed by Kan. Stat. § 23-3213. Kansas requires 60 days of residency, charges a $195 filing fee (as of March 2026), imposes a 60-day waiting period, and orders custody under the best-interests standard of Kan. Stat. § 23-3201.
Key Facts: Kansas Divorce and Custody
| Item | Kansas Rule | Statute |
|---|---|---|
| Filing Fee | $195 (base docket fee $173 plus surcharges); as of March 2026, verify with your local clerk | Kan. Stat. § 60-2001 |
| Waiting Period | 60 days after the petition is filed before a decree can be entered | Kan. Stat. § 23-2707 |
| Residency Requirement | 60 days of Kansas residency by either spouse before filing | Kan. Stat. § 23-2703 |
| Grounds | Incompatibility (no-fault); failure to perform a marital duty; incompatibility by mental illness | Kan. Stat. § 23-2701 |
| Property Division Type | Equitable distribution (fair, not automatically equal) | Kan. Stat. § 23-2802 |
| Custody Standard | Best interests of the child; legal custody and residency decided separately | Kan. Stat. § 23-3201 |
| Relocation Notice | 30 days written notice by restricted mail before moving the child | Kan. Stat. § 23-3222 |
What Is a Long-Distance Parenting Plan in Kansas?
A long distance parenting plan in Kansas is a written custody schedule for parents separated by significant geography, filed under Kan. Stat. § 23-3213. Kansas law requires every permanent plan to designate legal custody, set a parenting-time schedule, and provide a dispute-resolution procedure. When parents live hundreds of miles apart, the schedule shifts from weekly exchanges to extended blocks plus virtual contact.
Kansas separates two concepts that many parents confuse. Legal custody is the authority to make major decisions about education, religion, and health care, and Kansas courts often award joint legal custody even when parents live in different states. Residency, sometimes called physical custody, determines where the child primarily lives. A long-distance plan almost always names one parent as the primary residential parent and gives the out of state parent longer, less frequent blocks of parenting time. Understanding child custody arrangements helps you draft realistic terms before you ever step into a Kansas courtroom.
When Do Kansas Courts Approve a Long-Distance Plan?
Kansas courts approve a long-distance plan whenever one parent lives far enough away that routine mid-week exchanges are impractical, and the arrangement serves the child's best interests under Kan. Stat. § 23-3203. Judges weigh the distance, the child's age, school stability, and each parent's willingness to support the child's bond with the other parent.
There is no fixed mileage that triggers a long-distance designation in Kansas. Practitioners commonly treat distances over 100 miles, or any cross-state move, as the point where standard alternating-weekend schedules break down. The controlling question is always the statutory best-interests test, not a bright-line number. Kansas judges applying Kan. Stat. § 23-3203 examine the child's adjustment to home and school, the ability of each parent to communicate and cooperate, evidence of domestic abuse, and the wishes of a child of sufficient age and maturity. For an out of state parent, demonstrating a concrete plan for travel, lodging during visits, and consistent virtual visitation carries substantial weight. A vague promise to "visit when possible" rarely persuades a court, while a detailed schedule naming specific holiday blocks and video-call times signals commitment.
Kansas Relocation Notice: The 30-Day Rule
Under Kan. Stat. § 23-3222, a parent with 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. The notice must be sent by restricted mail, return receipt requested, to the other parent's last known address.
This notice rule is the single most important statute for any Kansas long-distance situation, because most long-distance plans begin when one parent moves. Failure to give the required 30-day notice is indirect civil contempt, and the court may order the relocating parent to pay the other parent's reasonable attorney fees and expenses caused by the missing notice. Just as significantly, Kan. Stat. § 23-3222 states that a relocation may be treated as a material change of circumstances justifying modification of custody or parenting time. In plain terms, a move can reopen the entire custody order. The statute contains a narrow exception: notice is not required when the other parent has been convicted of certain crimes against the child. If you are the parent staying behind, receiving a relocation notice starts a clock, and you should evaluate your options for objecting well before the move date.
How to File for a Parenting Plan in Kansas (Step by Step)
To obtain a Kansas parenting plan, file a Petition for Divorce with the Clerk of the District Court in the county where either spouse resides, pay the $195 filing fee (as of March 2026, verify with your local clerk), and submit a proposed parenting plan under Kan. Stat. § 23-3213. The court cannot finalize the case until the 60-day waiting period expires.
Kansas requires 60 days of residency before filing under Kan. Stat. § 23-2703, and there is no separate county residency requirement. Follow these steps:
- Confirm residency. Either spouse must have lived in Kansas for at least 60 days immediately before filing.
- Prepare the petition and a proposed parenting plan. If parents agree, they may submit a joint plan; Kansas presumes an agreed plan serves the child's best interests.
- File with the district court clerk and pay the $195 fee, or request a fee waiver (poverty affidavit) if you cannot afford it.
- Serve your spouse. Service by personal delivery, certified mail, or voluntary entry of appearance is standard.
- Complete any county-required parent education program. Many Kansas districts mandate a co-parenting class before the decree.
- Attend mediation if ordered. Contested custody cases are frequently sent to mediation before a hearing.
- Wait out the 60-day period, then attend the final hearing where the judge reviews and approves the plan.
Because the process is fact-specific, many parents build a personalized divorce roadmap to map their exact next steps and deadlines before filing.
What a Kansas Long-Distance Parenting Plan Should Include
A strong long distance parenting plan Kansas courts will approve contains the four minimum provisions required by Kan. Stat. § 23-3213: a legal-custody designation, a parenting-time schedule, a dispute-resolution procedure, and, if a parent is a service member, military-deployment terms. Beyond the minimums, distance demands extra detail on travel, communication, and expense allocation.
Standard alternating-weekend schedules do not work when a parent lives out of state, so long-distance plans concentrate parenting time into larger blocks. A typical Kansas long-distance schedule gives the out of state parent the majority of summer break (often 6 to 8 weeks), alternating major holidays, most of spring break, and extended winter-break time. The plan should specify who transports the child, where exchanges occur (frequently an airport or a midpoint city), and how costs are split. A detailed plan names calendar dates, pickup times, and airline unaccompanied-minor procedures so nothing is left to argument later. It should also define how the parents share access to school records, medical information, and activity schedules, which is exactly the kind of information-sharing detail Kan. Stat. § 23-3213 authorizes.
Sample Long-Distance Schedule Framework
| Parenting Time Block | Out-of-State Parent | Residential Parent |
|---|---|---|
| Summer break | 6 to 8 continuous weeks | Remainder of summer |
| Winter/holiday break | Alternating years, roughly half | Alternating years, roughly half |
| Spring break | Most years | Occasional years |
| Thanksgiving | Alternating years | Alternating years |
| School year weekends | 1 long weekend per month if feasible | All other weekends |
| Virtual visitation | 3 to 4 scheduled video calls per week | Facilitates calls |
Virtual Visitation and Facetime Custody in Kansas
Kansas has no separate virtual visitation statute, but courts routinely order video and phone contact as part of the parenting-time schedule under Kan. Stat. § 23-3213, and judges view a parent's willingness to facilitate that contact as a best-interests factor under Kan. Stat. § 23-3203. Well-drafted plans schedule 3 to 4 video calls per week at fixed times.
Virtual visitation, sometimes called Facetime custody, bridges the gap between in-person blocks for the out of state parent. The most effective plans treat video contact as a right, not a courtesy, by specifying the platform, the days, the call windows, and the residential parent's duty to make the child available and to avoid interference. For younger children, shorter and more frequent calls work better than long weekly sessions. Remote parenting also extends to reading bedtime stories over video, attending school events by livestream, and sharing homework help through screen-sharing apps. Kansas judges give real weight to a residential parent who actively supports remote parenting, and equal weight against a parent who repeatedly blocks or sabotages scheduled calls. Documenting missed or interrupted calls creates a record that can support a later modification request. If you are negotiating terms, define a make-up procedure for calls missed due to technology failures or travel.
Travel Costs and Logistics for Out-of-State Parents
Kansas courts allocate travel costs for long-distance parenting time based on the parents' relative incomes and the circumstances of the move, applying the equitable principles that run throughout Kan. Stat. § 23-3201. There is no automatic 50/50 split; a parent who relocates for personal reasons may bear a larger share of the resulting transportation expense.
Travel logistics deserve as much attention in the plan as the schedule itself. Address who books flights, who pays for airfare, how unaccompanied-minor fees are handled, and what happens when weather cancels a flight. Many Kansas plans require the parents to book non-refundable travel only after confirming dates in writing, and to split unexpected costs like re-booking fees. For driving exchanges, plans commonly designate a midpoint city and alternate which parent drives each leg. Because relocation can also reshape child support obligations, parents should model how the new arrangement affects the guideline calculation, since extended parenting time and travel expenses can factor into support adjustments. Building these details into the written plan reduces the chance that a routine visit turns into a contempt motion over who owed $300 for a plane ticket.
Modifying a Kansas Parenting Plan After a Move
A Kansas parenting plan can be modified when the moving party proves a material change in circumstances that makes the change in the child's best interests, the standard Kansas courts apply under Kan. Stat. § 23-3218. A relocation under Kan. Stat. § 23-3222 is expressly recognized as a possible material change of circumstances.
Modification is the mechanism that converts a standard local schedule into a long-distance one after a parent moves. The parent seeking the change files a motion to modify, gives proper notice, and presents evidence that the existing schedule no longer works and that the proposed long-distance schedule better serves the child. Courts do not modify custody lightly; the burden is on the moving party. Common triggers include a job-related relocation, remarriage that shifts the family's base, a change in the child's schooling needs, or repeated interference with parenting time. If you received a relocation notice and believe the move harms your child, you can respond by asking the court to keep the child in Kansas or to designate you as the primary residential parent. Because these disputes turn on detailed facts and tight deadlines, many parents find a divorce attorney experienced in Kansas relocation litigation before filing or responding. Learn the vocabulary first, including terms like material change of circumstances, so you can evaluate whether your situation meets the legal threshold.
Recent Kansas Custody Law Updates (2024 to 2026)
As of 2026, Kansas continues to govern custody and long-distance parenting through the Kansas Family Law Code in Chapter 23, with the core standards in Kan. Stat. § 23-3201 through 23-3222 unchanged in substance. The 60-day residency rule, the 60-day waiting period, and the 30-day relocation-notice requirement all remain current Kansas law.
Kansas lawmakers periodically revisit custody provisions, and recent legislative sessions have introduced bills touching parenting plans and shared-parenting presumptions, but the operative statutes controlling long-distance arrangements have held steady. The best-interests test of Kan. Stat. § 23-3203 remains the analytical center of every custody decision, and no 2026 change has displaced it. Filing fees, however, do move over time; the $195 figure reflects the base docket fee plus surcharges verified as of March 2026, and clerks in individual counties may add local charges. Always confirm the current fee with the Clerk of the District Court where you plan to file, because court costs are one of the few items in a Kansas divorce that can change without a statutory amendment. For an out of state parent tracking Kansas law from afar, the statutory citations in this guide provide the anchor points to verify before you rely on any secondary summary.