What is a “material change in circumstances” that will allow a Kansas court to change a previously ordered child custody or parenting time arrangement?
Different situations that may constitute a “material change in circumstances” depend on the individual factual situation and is ultimately a determination of the judge before whom the matter is heard. Kansas case law indicates that a change in circumstances sufficient is one that must be of a substantial and continuing nature to make the terms of the initial decree unreasonable. Modification often occurs merely because the child has grown older and the child’s needs have changed, although there may be more substantial changes, such as one parent moving out of state or getting married. Every situation needs to be evaluated on its own facts to decide if there is such a change in circumstances that a change in the existing custody or visitation order is warranted.