How The Courts Decide Custody
The Best Interest of the Child Rule
The main criteria used by the court when dealing with child custody in Kansas is what’s known as “the best interests of the child.” To reduce the stress of divorce and prevent damaging custody arrangements, it’s crucial for everyone involved to keep this standard in mind. Considerations should include the children’s ages, their emotional health, and their past and current relationships with each parent.
Understanding Child Custody in Kansas
When partnering with an experienced Kansas child custody attorney, you’ll gain a clearer understanding of the laws pertaining to divorce and child custody in Kansas. It’s important to become familiar with several key terms used in these discussions, including:
- Sole Custody: One parent has exclusive legal and physical rights
- Joint Legal Custody: Both parents share the responsibility for making major decisions about the child’s life, such as education, health care, and religious ubringing
- Physical Custody: Pertains to with whom the child will live.
- Custodial Parent: The parent with whom the child primarily resides.
- Non-Custodial Parent: The parent who does not have primary living arrangements with the child, typically having visitation rights.
Understanding these terms, and many more, will help you navigate the complexities of child custody in Kansas, and help you better prepare for the custody process.
Types of Custody: Joint Custody Vs. Full Custody
Every family is unique, each with different needs and personalities. Kansas courts recognize this diversity and understand that no single custody arrangement fits all situations. In determining how child custody in Kansas is divided between parents, several factors are taken into account:
- The children’s preferences, depending on their age
- The parents’ preferences
- The child’s relationship with each parent and other key figures in their lives
- How well the child is adjusting to their school, home, and community
- The parents’ ability to communicate, cooperate and manage parental duties
Sole Physical Custody vs. Joint Physical Custody
In Kansas, common custody configurations include sole physical custody and joint physical custody.
Sole Physical Custody: In this arrangement, one parent has primary custody and is responsible for the daily decisions affecting the child, and the other parent typically has rights to visitation. Courts may award sole custody if one parent is deemed unfit or if it is in the best interest of the child.
Joint Physical Custody: This type involves both parents sharing significant parenting time and decision-making responsibilities. The specifics can vary, with arrangements ranging from equal time sharing, to one parent having slightly more time than the other. Joint custody is often preferred when parents can effectively cooperate.
Decisions are guided by the quality of communication between the parents, the nature of the parent-child relationships, and the children’s own preferences, depending on their age. The overall goal is to serve the child’s best interests, creating a stable and nurturing environment. The appropriate type of child custody in Kansas is determined based on what will best support the child and accommodate the family’s unique circumstances.
Modifying an Existing Child Custody Court Order
As children grow and life circumstances evolve, the original child custody arrangements might not suit your children’s current needs. If you find that your agreements with child custody in Kansas need updating, it’s important to work with a Kansas child custody lawyer. An experienced attorney can determine whether you have a valid reason for a modification in your case for child custody in Kansas, and which changes might be feasible.
Kansas courts prioritize the child’s best interest in any custody decision. You might have a valid reason to request a change in your case of child custody in Kansas if there has been a material change in circumstances. That could include:
- The child expresses a desire for change
- One parent has relocated or changed jobs
- A parent has had another child or gotten married
- The child has become more integrated into the other parent’s home with the co-parent’s consent (e.g., 50/50 custody but one parent is taking more time at the request of the co-parent)
- A parent has committed a crime or put the child at risk
- Either parent or the child has developed serious health issues
Understanding Different Types of Visitation: Reasonable vs. Fixed
In an order for child custody in Kansas, the court will specify who has physical and legal custody of the children and outline each parent’s visitation rights. This includes detailed schedules indicating when the children will spend time with each parent. It’s important to know that even if a parent does not receive physical or legal custody, they still have visitation rights under Kansas law.
Reasonable Visitation: This type of visitation allows parents to work together to set a schedule that suits their situation. What counts as “reasonable” can vary greatly from one family to another. While this flexibility can be beneficial, it also makes the arrangement harder to enforce and can lead to unpredictability and inconvenience.
Fixed Visitation: This approach is more structured. The visitation schedule is explicitly detailed in the custody order, including where the children will live, who they will be with on specific days and times, and how holidays, birthdays, school breaks, and summer vacations are handled. The locations for exchanging the children are also specified. This detailed plan minimizes confusion and conflict, as each parent knows precisely when they will be with their children, allowing for easier planning.
Fixed visitation often works best for those who prefer clarity and consistency, reducing the potential for disputes and misunderstandings.
Addressing Parental Abandonment in Child Custody
If a parent in Kansas has abandoned their child or engaged in serious misconduct, the court may grant the other parent sole decision-making authority. Although a 50/50 custody arrangement often seems ideal, allowing children to spend equal time with each parent, it can present practical challenges. Balancing school and extracurricular activities can be tough for both parents and children under such arrangements. Consulting with a child custody attorney in Kansas can help you work out a custody agreement that best suits the needs of all involved parties, ensuring a stable environment for the child.
Establishing Parenting Time: How Often You Will See Your Child
Parenting time refers to where the children live during the week, weekends, summers, and major holidays. Parents can divide this time equally or set up different arrangements. When one parent has the children most of the time, they are often called the “primary custodian” or “primary parent.” If parents can’t agree on how to divide parenting time, a judge will look at several factors that focus on what’s best for the children to make a decision.
The Dangers of Handling Child Custody Cases Without Legal Help
Navigating child custody in Kansas without a child custody attorney carries significant risks. Here are some of the main concerns:
- Legal Mistakes: Child custody in Kansas is complex and filled with detailed regulations and paperwork. Without legal expertise, you risk making errors that could weaken your position or complicate your ability to secure child custody in Kansas.
- Risk of Losing Custody: Without a skilled attorney to advocate on your behalf, there’s a greater chance you might lose custody or not receive the amount of time with your child that you hope for.
- Long-Term Consequences: The decisions made in a custody case can have long-lasting impacts on both you and your child. A lawyer can help ensure the outcome is just and prioritizes your child’s best interests.
Having a knowledgeable attorney by your side can help you manage the intricacies of child custody in Kansas and protect your parental rights.
Hiring a Child Custody Attorney in Kansas
We understand how challenging and stressful the process can be when dealing with child custody in Kansas. If you find that the battle to protect your parental rights is overwhelming, we encourage you to schedule a consultation with one of our experienced child custody attorneys in Kansas. Our attorney team is here to support you through this tough time and help ensure that your rights are fully protected.
Fill out a free case evaluation or call us at (913) 456-5738 to get started.
