When parents can’t agree on custody, the stakes are high—and the outcome can shape a child’s future. Contested child custody cases are some of the most emotionally charged and legally complex parts of family law, especially in divorce. If you’re facing a custody dispute in Kansas or Missouri, understanding your rights, the process, and how the laws differ between states is the first step toward protecting what matters most: your children.
What is Contested Child Custody?
Contested child custody occurs when parents are unable to agree on how to divide parenting responsibilities during or after a separation or divorce. These disagreements can involve legal custody—the authority to make major decisions about the child’s education, healthcare, and upbringing—or physical custody, which determines where the child will live and how parenting time is shared.
When parents can’t find common ground, the court steps in. A judge will hear evidence from both sides and make a final decision based on one guiding principle: the best interests of the child.
How Is Contested Child Custody Handled in Kansas and Missouri?
Despite being separate states, Kansas and Missouri share many similarities when it comes to handling contested child custody cases. In both states, the legal process is designed to prioritize the well-being of the child while encouraging parents to cooperate whenever possible.
What Kansas and Missouri Have in Common
- Best Interests of the Child: Both states base custody decisions on what serves the child’s emotional, physical, and developmental needs. The court examines each parent’s ability to meet those needs and create a stable environment.
- Joint Custody Preference: Courts in Kansas and Missouri generally favor joint legal custody—meaning both parents share decision-making responsibilities. Joint physical custody is also preferred when it supports the child’s best interests, and the parents can cooperate.
- Parenting Plan Requirement: In both states, parents must submit a proposed parenting plan outlining how they intend to handle custody, visitation, holidays, and other logistics. If they can’t agree, the judge will implement a plan that serves the child’s best interests.
Key Factors Considered by the Court:
- The quality of each parent’s relationship with the child
- Each parent’s willingness to support the child’s relationship with the other parent
- The child’s adjustment to home, school, and community
- Any history of abuse, neglect, or substance abuse
These common principles guide the courts in Kansas and Missouri, helping to ensure children are placed in safe, supportive environments.
Key Differences Between Kansas and Missouri Custody Laws
Although Kansas and Missouri share many core custody principles, each state includes unique considerations that may impact the outcome of a contested child custody case:
- Work Schedules (Kansas Only): Kansas courts take into account each parent’s work schedule to determine how custody and parenting time can be realistically managed.
- Household Criminal History (Kansas Only): Kansas considers whether a parent—or anyone living in the home—is a registered offender or has a history of child abuse.
- Relocation Intent (Missouri Only): Missouri courts specifically consider a parent’s intention to relocate the child’s primary residence as part of the custody determination.
These differences are key for parents who live in or near the Kansas City metro area, where families often move across state lines. Knowing how the law applies in each state can significantly affect the outcome of your case.
How Long Does a Contested Child Custody Case Take?
The length of a contested child custody case depends on how complex the issues are and how willing both parents are to cooperate.
- Kansas: On average, a contested custody case can take anywhere from 6 to 12 months if it goes to trial.
- Missouri: Cases often follow a similar timeline but may take longer, especially when guardians ad litem, psychological evaluations, or multiple court hearings are involved.
High-conflict cases or packed court schedules can lead to significant delays. The more disagreements there are, the longer the process tends to be.
Do I Need a Lawyer for Contested Child Custody?
Technically, no—but realistically, yes. Contested child custody cases are emotionally charged and legally complex. Between court procedures, strict deadlines, and high-stakes decisions, it’s easy to feel overwhelmed. You need more than just legal knowledge—you need an advocate who understands how custody laws differ between Kansas and Missouri, and who can build a compelling case on your behalf.
At Kansas Legal Group, we don’t just handle custody cases—we fight for families. Whether you’re facing a heated dispute or preparing for trial, our experienced attorneys will stand by your side and work tirelessly to protect your parental rights and your child’s future. Contact Kansas Legal Group today to schedule your strategy session and take the first step toward securing a better future for you and your children.