Kansas Child Custody
Child custody in Kansas can be Joint Legal Custody, Sole Legal Custody or Residential Custody. The court decides who is awarded custody and what can kind of custody based on "best interests of the child". The type of child custody awarded decides which parent has the right to make major and/or minor decisions for the child.
This page covers Child Custody in detail. We define child custody, best interests of the child, major and minor decisions and writing a parenting plan.
How will the Judge decide who gets custody?
The Judge’s decision will be based on the "best interests of the child." This means that the Judge can look at essentially anything that affects the mental, physical, and emotional well-being of the child to come to their decision. They are trying to decide what they think will be best for the child. The Judge can look at the residence of each party, their willingness to cooperate with the other party, their relationship with the child, criminal history, evidence of criminal activities, domestic abuse, etc.
Best interests of the child.
- The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
- The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;
- Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
- The child's adjustment to the child's home, school, and community;
- The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.
If the court finds that a pattern of domestic violence has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law.
- Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;
- The intention of either parent to relocate the principal residence of the child; and
- The wishes of a child as to the child's custodian.
Either Joint Legal Custody, Sole Legal Custody or Residential Custody.
· Sole Legal Custody
is exactly what it sounds like…ONE parent can be designated to make all routine and major decisions on behalf of the child.
· Joint Legal Custody
So then it only follows that “Joint” Legal Custody translates to both parents making these types of decisions together, and no one parent has more say so than the other. Absent evidence of abuse or neglect, Courts favors the parents working together to have Joint Legal Custody.
Typically, one party is the primary residential parent and the other party has parenting time or “visitation” as agreed to by the parties. Parents can have shared residential custody where each parent has roughly equal parenting time with the child. This is not as common and only occurs when the situation allows and is in the child’s best interest.
This term refers to decision-making power for the child. This has nothing to do with parenting time or visitation schedules, only decisions for the child’s general well-being.
Major Decisions include but are not limited to:
- What religion will my child practice?
- What pediatrician will my child see?
- What extra-curricular activities will my child participate in?
- How will my child be disciplined?
- What school will my child attend?
- What child-care provider will I use?
Minor / Routine Decisions include but are not limited to:
- What will my child eat for dinner?
- What type of clothing will my child wear?
- What time will my child go to bed?
- What types of chores will my child be responsible for?
It’s important to understand the subtle and not so subtle differences in Sole vs. Joint Legal Custody so you know what to ask for in your initial pleadings and how to respond when answering pleadings you have been served with.
What reasons would a court need to change the child’s primary residence?
The law usually requires a material change of circumstances before a judge will modify a custody order.
Usually, the change of circumstances will be something in the residential parent’s home that has an adverse impact on the child, such as physical abuse, use of illegal drugs, alcohol abuse or neglect.
Seldom will the mere improvement of conditions of the nonresidential parent be sufficient, absent other facts, for a Court to remove a child from a stable situation. Occasionally, the desires of a teenage child can serve as a change of circumstances.
Writing A Parenting Plan.
If you and your spouse are going through divorce proceedings and have children, then one of the most important things to do right now is write a Parenting Plan. It is best to hire a lawyer who has the education and experience in writing a parenting plan. This plan will lay out how you and your spouse will deal with childcare issues. A written-out plan that you both agree on will avoid a lot of potential conflicts further down the road, and it will give your children greater stability and consistency
You should include these elements in your parenting plan:
Child custody in the Parenting Plan.
You have to work out if just one of you will be the children's primary caregiver, or if both of you will share in the duties. You also need to decide if one of you will get legal custody.
Child visitation schedule in the Parenting Plan.
If you have a shared custody agreement, then you need a visitation schedule. Figure out which days, weeks, or months the children will spend with each parent. Make your agreement with some wiggle room for both of you, to accommodate unexpected developments.
It is important that each parent has a copy of the child's school calendar. The school calendar will have holiday and early release days through out the school year. If it is your time with the child you will want to know what days they will be at home or will be needing picked up from school earlier than usual.
The calendars below are examples of joint custody schedules. When your attorney writes a parenting plan for child custody you will decide what works for both parents.
2-2-5-5 custody schedule is a 50/50 custody schedule. A child will spend two days with one parent and two days with the other parent, then five days with one parent and five days with the other parent.
2-2-3 custody schedule is a 50/50 custody schedule. A child will spend two days with one parent and then 2 days with the other parent. Then the child will spend three days with the first parent and three days with the other parent.
Alternating weeks is a 50/50 schedule. A child will spend 6 1/2 days with one parent. Then the child will spend 6 1/2 days with the other parent.
Alternate weeks with a midweek visit is a 50/50 custody schedule. A child will spend 6 1/2 days a week with a parent while the other parent visits the child for 1/2 day during the middle of the week. Then the child will spend 6 1/1 days with the other parent while the first parent visits the child for 1/2 day.
Holidays and Other Special Occasions.
- Will your children go to daycare
- Will they go to private or public schools?
- Who is responsible for your children's college savings?
- How much money should each parent contribute to them?
- You and your spouse should answer these questions no matter how young your children are.
Writing a Parenting Plan that you both agree on is one of the most important elements of the divorce process.
If you need help, contact child custody attorney Joshua Boehm for advice. Divorce can be painful, and this can make communication with your spouse difficult, but if you take the time to work out a good agreement now, you will save yourselves and your children a lot of trouble later on.
Cottonwood Law Group Can Fix Bad Child Visitation Agreements.
What seems like a workable visitation schedule may become a burden in the future. If the plan leaves out situations that occur parents can become confused of who's responsible.
If your child becomes sick at school and the parenting plan does not cover that scenario arguments can occur.
there are many possible situations that can create arguments especially if they are not covered by the parenting plan.
A few possible examples:
- A parent starts dating and leverages grandparents for babysitting or hires a babysitter during their own parenting time.
- A parent lets a significant other move in or moves in with a partner or get remarried.
- A parent buys a new phone, computer, automobile, etc. without consenting with the other parent.
- Changing the child's routine dramatically with consenting the other parent.
- There are many other changes that can make a parent consider modifying a parenting plan.
Cottonwood Law Group has the expertise and experience that can help guide you through a new parenting plan step by step.
Working With Cottonwood Law Group
Having a Parenting Plan can definitely save you a lot of time, money, and stress during a divorce.
However, it's not always easy for divorcing parents to communicate with each other and come to an agreement.
That's where Cottonwood Law Group makes a big difference with years of experience obtaining agreements even in the most difficult of separations.