Child Custody in Kansas

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When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, Kansas courts will intervene and establish custody arrangements based on the best interests of the child. For a full text of divorce and custody laws in Kansas, go to Kansas Statutes.

 

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

 

According to lawfirms.com, Kansas courts determine child custody based on the best interests of the child. If the parents entered into a parenting plan, the court assumes that the agreement is in the best interests of the child. In determining the issue of child custody and parenting time, the court considers all relevant parenting factors, which may include the following:

 

  • The length of time that the child has been under the actual care and control of any person other than a parent and the relevant circumstances
  • The desires of the child's parents as to custody
  • The desire of the child as to his or her custody
  • The interaction and interrelationship of the child with his or her parents, siblings and any other person who may significantly affect the child's best interests
  • The child's adjustment to his or her home, school, and community
  • The willingness and ability of each parent to respect and appreciate the bond between the child and the other parent so as to allow for a continuing relationship between the child and both parents
  • Evidence of spousal abuse

 

In Kansas, the court may order joint or sole legal custody and may set up residency plans that provide for sole or joint physical custody based on the best interests of the child. Visitation rights are typically awarded to the non-custodial parent and may be modified by petitioning the court.

 

Kansas courts retain jurisdiction to change the primary residence of a child until the child attains the age of majority (18) or graduates from high school, whichever occurs first. Kansas law typically requires a material change of circumstances before a judge will modify a custody order. The change of circumstances may 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. For a summary of divorce and child custody law in the state of Kansas, go to divorcesource.com.