Divorce and child custody issues can be overwhelming and emotionally draining. In recent years the term “Fathers’ Rights” has become increasingly popular––so much so, that there are law firms out there positioning themselves as just “fathers’ rights attorneys.” While it is true fathers do have rights in Kansas, they are no different than the rights mothers have. Presumptively, both parents have equal rights to their children when it comes to:
Decision-making authority: This includes making important decisions regarding the child’s upbringing, such as education, healthcare, and religious instruction. Courts prefer decision-making authority to be split 50/50 whenever appropriate to ensure both parents play an active role in the upbringing of the child.
Physical custody: This encompasses where and who the child will live with for the majority of the time. The courts will use the best interests of the child standard to make this decision.
Visitation: Whenever it is appropriate, courts will always encourage visitation with the parent the child does not primarily reside with to ensure the child has a relationship with both parental figures to reach a 50/50 joint custody arrangement.
Child support: This is typically awarded to the parent with primary custody to help with the child’s day to day needs and to help them maintain the same quality of life the child had prior to the divorce.
Protecting Your Children
During a divorce or custody case, a mother’s top priority is ensuring the well-being of her children. This is the court’s top priority as well. Any decision that is made regarding custody or child support will always be made with the best interests of the child in mind. This is the standard that Kansas courts use to determine the outcome of any child custody or support case. Here are some steps you can take to protect your children’s best interests during any family law case:
Gather Information: Document important details about your child’s routine, healthcare needs, extracurricular activities, and your existing parenting roles. Clearly explain and demonstrate the role you play in your child’s life.
Maintain Open Communication: Keep communication with your children open and honest, allowing them to express their feelings and concerns in a safe space. Additionally, maintaining open lines of communication with your co-parent is important. However, make sure to be mindful you aren’t discussing the court case with your kids in an inappropriate manner as it can causes confusion and does not look good in the eyes of the court. Although it may be challenging at times, being able to collaborate and work together when it comes to your children is ultimately in their best interests.
Prioritize Stability: Divorce is a major life change for anyone involved. Try to maintain a sense of normalcy for your children by keeping their routines as consistent as possible during this challenging time.
Seek Guidance: Don’t forget to think about yourself and consider your own emotion during this time. It can be easy to shift all your focus on your kids, but you need to prioritize yourself as well. Talk to a trusted friend, family member, and/or therapist for emotional support when needed. While your attorney will have your back throughout the process, it’s important to have additional support sources.
Securing the Best Outcome for Your Case
Facing any family law issue can be intense. These issues are typically life-changing and require major adjustments, but this doesn’t mean you can’t get through it. It doesn’t mean you can’t get a desirable outcome from your case. Mothers, here are some steps you can take to help secure a better outcome from your case.
Know Your Rights and Responsibilities
Educate yourself on Kansas family law, especially regarding child custody. Kansas courts prioritize the “best interests of the child” in custody decisions, so understanding the factors considered by judges can be empowering. Familiarize yourself with different custody arrangements, such as joint custody or sole custody, and how they might impact your situation.
Be Prepared
Gather financial records, documentation of your child’s needs, and any relevant communication regarding your existing parenting arrangements. Prepare to demonstrate to the court the role you play in your child’s life, and why you must continue to do so. Establish why your presence and the outcome you are hoping for is in the best interests of the child.
Focus on Solutions
Approach the situation with a solution-oriented mindset, prioritizing your children’s well-being. Be open to fair compromises that benefit everyone involved. It might not be the easiest thing to do, but the courts will favor this mindset. Ultimately, being open to different solutions will most likely benefit the children involved.
Communicate Effectively
Maintain clear and respectful communication with your ex-partner, especially regarding co-parenting matters. Being able to communicate with your co-parent will allow the two of you to have more control over your family dynamics. However, we understand every co-parenting situation is unique, and that this may be more challenging for some. Consider using a mediator if communication is difficult. They can help you work toward a solution and try to help you reach an agreement without going to court.
Seek Representation
Don’t run the risk of representing yourself in a custody case. When children are involved, the stakes are higher. Working with an experienced Kansas family law attorney can make all the difference in the outcome of your case. Take every measure possible to ensure you are working toward getting the outcome you desire.
Working With Experienced Kansas Family Law Attorneys
Facing a divorce or child custody battle can be a lot to process. Having a qualified family law attorney on your side can make a significant difference in achieving a positive outcome for you and your children. They are there to advocate for you during the process and fight for your rights.
Kansas Legal Group’s experienced family law attorneys understand the complexities of Kansas child custody laws and are familiar with local court procedures. At Kansas Legal Group, our main goal is to help you get through your case and avoid any unnecessary drama.
Contact us or call us at (913) 456-5738 today for a free case evaluation.
