What does a court consider in deciding custody disputes?
"The court shall determine custody or residency of a child in accordance with the best interests of the child." Read Kansas Statute number 60-1610 with reference to (a) and (3).
The court focuses almost entirely on the best interest of the child. Other factors, such as convenience of the parents, fault, and infidelity matter only if they affect the child’s interests.
In determining the issue of child custody, residency and parenting time, the court shall consider all relevant factors, including but not limited to:
(i) The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto;
(ii) the desires of the child’s parents as to custody or residency;
(iii) the desires of the child as to the child’s custody or residency;
(iv) the interaction and interrelationship of the child with parents, sibling and any other person who may significantly affect the child’s best interests;
(v) the child’s adjustment to the child’s home, school and community;
(vi) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent; and
(vii) evidence of spousal abuse.
Read Kansas Statute number 60-1610 with reference to (a), (3), and (B) Return to top of page Which state will hear my custody dispute?
Usually, your case will be heard in the state where you child lived for six months prior to the filing of the petition. That state is known as your child’s "home state." However, there might be other rules that apply in your case, especially if your child does not have a "home state" or if one or both parents have moved away from the state with initial jurisdiction.
Read Kansas Statute number 38-1337 with reference to (8); Read Kansas Statute number 38-1338 Return to top of page What is the difference between residency and legal custody?
"Residency" refers to where your child lives. "Legal custody" refers to which parent makes decisions pertaining to matters of child health, education and welfare.
Read Kansas Statute number 60-1623 with reference to (c); Read Kansas Statute number 60-1610 with reference to (a) and (5) Return to top of page What is "full" custody?
"Full" custody does not exist in Kansas. Kansas has two types of legal custody: joint and sole.
Read Kansas Statute number 60-1610 with reference to (a) and (4) Return to top of page What is the difference between joint legal custody and sole legal custody?
"Joint legal custody" means that both parents have equal rights to make decisions in the best interests of the child. "Sole legal custody" means that only one parent makes decisions in the best interests of the child.
Read Kansas Statute number 60-1610 with reference to (a) and (4) Return to top of page When will a court order sole legal custody?
The law prefers joint legal custody. To order sole legal custody, a court must find that it is not in the best interest of the child that both of the parties have equal rights to make decisions pertaining to the child. The court must include on the record specific findings of fact upon which the order for sole legal custody is based.
Read Kansas Statute number 60-1610 with reference to (a), (4) and (B) Return to top of page Can a parent without sole custody still see the child?
In appropriate cases, a parent without sole legal custody might still exercise parenting time with the child. If the child might be at risk with the parent, the court could order supervised parenting time. The supervisor could be someone chosen by the parties or by the court. Some CASA programs supervise parenting time. Return to top of page If one parent has sole custody, can the other parent receive information about the child?
The award of sole legal custody to one parent shall not deprive the other parent of access to information regarding the child unless the court shall so order, stating the reasons for that determination.
Read Kansas Statute number 60-1610 with reference to (a), (4) and (B) Return to top of page Can a parent with sole legal custody change the child’s residence without informing the other parent?
A parent with sole legal custody usually must still give written notice to the other parent of a change in the residence of the child. Notice usually must also be given when a child is removed from the state for more than 90 days. The notice must be given at least 30 days prior to the change of residence. The notice shall be sent by restricted (not certified) mail, return receipt requested, to the last known address of the other parent.
Read Kansas Statute number 60-1620 Return to top of page What is the difference between "parenting time" and "visitation"?
Parents do not "visit" their own children. Instead, parents exercise "parenting time" with their children. Grandparents and stepparents may be granted visitation rights.
Mediation is a collaborative process where you and your child’s other parent meet with an impartial third party (the mediator) to make decisions regarding your child. Mediation can potentially avoid having a judge make decisions for you. Mediation can also teach you and the other parent how to cooperate regarding your child. Return to top of page Can a parent who is delinquent on child support still see the child?
Yes. The child has a right to support and a right to parenting time. These rights are independent of each other. One parent’s failure to comply with a decree does not excuse the other parent from complying with child support, parenting time, or visitation. However, the other party may request by motion that the court grant an appropriate order.
Your "parenting plan" is an agreement or order of the court. It establishes legal custody, residency, parenting time and other matters regarding your child’s custody arrangement.
Read Kansas Statute number 60-1623 with reference to (c) Return to top of page Can child custody be made permanent?
The court usually retains jurisdiction to modify child custody, residency, visitation and support. Return to top of page How is child custody modified?
The court may change or modify any prior order of custody, residency, visitation and parenting time when a material change of circumstances is shown.
If the prior order was agreed, instead of litigated, then it is not necessary to show a material change of circumstances. In that case, the court would consider the best interest of the child as if it were deciding custody for the first time.
Read Kansas Statute number 60-1610 with reference to (a), (2) and (A) Return to top of page How can a parent move away with a child?
A parent who changes the residence of a child must give the other parent 30 days’ prior notice of the child’s new address. The notice must be sent by certified mail, return receipt requested, with restricted delivery. ("Restricted delivery" means that only the addressee can sign to receive the mail.) Similar notice must also be given of an intent to remove the child from Kansas for more than 90 days.
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OurFamilyWizard website will give children of divorced and seprated parents a better chance to live with less conflict.
Resources: Interactive Web Sites for Parents in Conflict
Highly recommended – Parents in conflict may come to agree about one specific thing: What do we want our children to look like when they are 25? Try out this concept with your child's other parent and find out what the two of you may have in common!
Each parent visits these sites separately. Once both parents have completed the interactive site activities, each parent will receive a personalized list of Agreed Commitments. These Agreed Commitments report to you the common ground that you share with the other parent. Parents gain insight as to what is most important for their children in the situation and are provided with personal guidance to assist them in parenting.
You may want to choose from one of the following sites:
These sites were recently chosen by the ABA Dispute Resolution Section for its Problem Solver of the Year Award.
UpToParents.org is a free, confidential, and interactive website for divorcing and divorced parents. The core of the site is an interactive tour of 100 Commitments parents can select to help them protect their children during and after divorce.
WhileWeHeal.org helps spouses intending to stay married to remember their children's needs as they work through marital problems.
Resources: Books about Child Custody
Mom's House, Dad's House: Making Two Homes for Your Child by Ricci Isolina, Ph.D.
A wonderfully optimistic, yet practical, guide to raising well-adjusted children although their parents live in separate homes.
Joint Custody With a Jerk: Raising a Child With an Uncooperative Ex by Julia A. Ross, et al
"This book offers simple yet effective tools to help you communicate with your ex, whether he or she is an occasional or a chronic jerk. These techniques will change how your ex reacts and responds to you. Instead of fighting and arguing about raising your child, you will soon be discussing and negotiating about your child’s future." (From the book, page 10)
Getting to Yes: Negotiating Agreement Without Giving In
by Roger Fisher
The seminal book on negotiations and mediation. Learn to negotiate with confidence from principal instead of position. Written by Roger Fisher, Professor of Conflict Resolution at Harvard Law School, where I had the good fortune to be his student in the early 1980's.
Divorce Casualties: Protecting Your Children from Parental Alienation by Douglas Darnall
An lay person’s introduction to a difficult and emotionally charged topic.
It's Not Your Fault, Koko Bear: A Read-Together Book for Parents & Young Children During Divorce by Vicki Lansky, Jane Prince (Illustrator)
Cute story and illustrations to help very young children cope with their new reality.
The information on this site is only for general educational purposes, and not for legal advice.
Laws change, and their application may vary significantly depending on your circumstances.
If you need legal advice, you must consult a licensed attorney.
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