FAQ: How To Get Child Custody in Kansas

Securing child custody in Kansas requires understanding and navigating the state’s legal process. The court focuses on the child’s best interests, evaluating various factors to make a decision. An experienced Kansas child custody attorney can help you present your case effectively and achieve a fair custody arrangement. This guide provides a clear outline of the steps and important considerations for obtaining child custody in Kansas.

Types of Child Custody in Kansas

Child custody in Kansas is divided into two main categories: physical custody and legal custody. Each type can be awarded solely to one parent or jointly to both parents, depending on what the court determines to be in the best interests of the child.

Physical Custody

Physical custody determines where the child lives on a daily basis. This type of child custody in Kansas can be:

• Sole Physical Custody: In this arrangement, the child resides primarily with one parent. The other parent may have visitation rights, but the child’s main home is with the custodial parent.
• Joint Physical Custody: With joint physical custody, the child spends significant periods living with both parents. This arrangement requires a high level of cooperation between the parents to ensure the child’s schedule is balanced and consistent.

Having sole or joint physical custody affects not only where the child lives but also how much time they spend with each parent, impacting daily routines and stability.

Legal Custody

Legal custody refers to the authority to make critical decisions about the child’s life. This includes decisions related to education, healthcare, religious upbringing, and extracurricular activities. Similar to physical custody, legal custody can be:

• Sole Legal Custody: One parent has the exclusive right to make major decisions about the child’s upbringing. This can streamline decision-making but also places a significant responsibility on one parent.
• Joint Legal Custody: Both parents share the decision-making responsibilities. They must communicate and collaborate on significant issues concerning the child’s welfare. Joint legal custody promotes a shared approach to parenting, ensuring both parents are involved in important aspects of the child’s life.

The type of legal custody awarded influences how decisions are made and requires a collaborative approach if joint custody is granted. Both physical and legal custody arrangements are determined based on the child’s best interests, taking into account various factors. A child custody attorney in Kansas can help you determine which type of child custody arrangement is right for you and your family.

Factors Considered by Kansas Courts

When the courts determine child custody in Kansas, they focus on what will best serve the child’s interests. The courts evaluate several factors to ensure the child’s welfare is prioritized and the outcome supports their overall well-being.

Best Interests of the Child

The primary consideration when it comes to child custody in Kansas is the best interests of the child. This principle includes:

• Physical Needs: Ensuring the child has a safe and healthy living environment.
• Emotional Needs: Providing stability, love, and emotional support.
• Psychological Needs: Maintaining a nurturing atmosphere that promotes mental health.

Parental Fitness

The court evaluates each parent’s ability to provide a stable and supportive environment. This assessment includes:

• Lifestyle: The overall lifestyle and daily habits of each parent.
• Employment: Job stability and the ability to provide financially for the child.
• Health: Both mental and physical health of the parents.
• History: Any history of substance abuse or domestic violence, which can significantly impact custody decisions.

Child’s Preference

If the child is old enough, the court may consider their preference regarding custody arrangements. While the child’s wishes are not the sole factor, they are given appropriate weight in the decision-making process.

Co-Parenting Ability

The court looks at each parent’s willingness and ability to foster a positive relationship with the other parent. Key aspects include:

• Communication: How well the parents communicate and cooperate with each other.
• Collaboration: The ability to make joint decisions about the child’s upbringing.
• Support: Encouraging a healthy relationship between the child and the other parent.

Courts favor custody arrangements where both parents can work together to make decisions and share parenting responsibilities. This cooperative approach is believed to benefit the child by providing a more balanced and supportive environment.

Steps to Filing for Child Custody in Kansas

Navigating the legal process of filing for child custody in Kansas can be complex. With the help of an experienced child custody attorney in Kansas, here are the key steps you need to follow to ensure you’re on the right path.

Step 1: Prepare and File a Petition

The first step is preparing and filing a petition for custody. This involves completing the necessary legal documents and submitting them to the appropriate court. An experienced attorney can help you understand the forms, ensure all information is accurate, and provide guidance on presenting your case effectively. They can also help you navigate any local court rules and procedures specific to Kansas.

Step 2: Serve the Other Parent

Once the petition is filed, you must serve the other parent with the custody paperwork. This process ensures they are formally notified of the custody proceedings. You can serve the papers through a sheriff, a private process server, or, in some cases, certified mail. Each method has specific legal requirements that must be met to ensure proper service.
Once the other parent has been served, you need to file proof of service with the court to confirm that the notification was successfully delivered. Without proof of service, the court cannot proceed with the case. A Kansas family law attorney can assist in arranging for proper service and can also handle any issues that arise if the other parent attempts to evade service.

Step 3: Attend Custody Hearings

Custody hearings are crucial for presenting your case. Be prepared to present evidence and testimonies that support your request for custody. This might include witness statements, documentation of your involvement in your child’s life, and any other relevant information. The court will evaluate the presented information to determine the best arrangement for the child.

Step 4: Obtain a Custody Order

After the hearings, the court will issue a custody order outlining the custody arrangement. It’s important to understand and adhere to the terms of this order. Your attorney can help you interpret the custody order and ensure you understand all aspects of it. They can also assist in enforcing the order if the other parent fails to comply, and guide you through the process of requesting modifications if necessary.

Working with a Kansas Child Custody Attorney

Navigating the complexities of child custody in Kansas can be daunting, but you don’t have to go through it alone. An experienced Kansas child custody attorney can provide invaluable assistance throughout the entire process, ensuring that your rights are protected and your child’s best interests are prioritized. From filing initial petitions to attending hearings and negotiating modifications, our team of child custody attorneys in Kansas will provide the expertise and support you need to ensure the best possible arrangement for your child. Contact us or call us at (913) 456-5738 today for a free case evaluation and see how our team of Kansas child custody attorneys can help you confidently move forward, knowing that your child’s well-being is in capable hands.