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What to do if a custody hearing date is inconvenient

Divorce can be tough for Kansas parents for many reasons. The logistics of scheduling can be one of those reasons. In addition to the emotional and financial toll that the end of a marriage takes, it also consumes a lot of time, and fitting that in around work and efforts to spend quality time with children can be challenging. One hurdle parents may face is a child support or custody hearing scheduled at an inconvenient time or place.

In general, a court will expect some kind of documentation that shows why the parent cannot appear in court at the scheduled time. If it is a conflict with the parent's job, the court may accept a letter from the employer stating this. If the parent has relocated, the court may need proof of the change of address. However, this might be an insufficient reason to move the hearing since courts generally want it held where the child resides. Some parents may also be concerned about their safety, and they may need to present a protection order or other documentation supporting this claim.

A court might agree to postpone the hearing until a more convenient date. This is the ideal outcome, but there may also be workarounds if this is not possible. Some courts may permit a parent to appear by phone or video.

Parents who are considering a divorce should also keep in mind that it does not necessarily mean litigation. They may be able to reach agreements on property division, child custody and child support through negotiation. This can be less stressful and gives divorcing spouses more control over the final outcome and can allow them to come up with solutions that suit their particular situation. However, an attorney can assist a parent in preparing for litigation over any of these issues if necessary.

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