In the state of Kansas, the court favors an award of joint custody when parents decide to legally separate or divorce. Joint custody will generally be in child’s best interests so that they can continue to have meaningful contact with each parent. It also encourages parents to cooperate and function as a team while raising the child, so that the family unit remains intact so far as possible. In some instances, however, the court will rule in favor of sole custody for one parent, often allowing visitation privileges to the other.
When parents decide to divorce, a Kansas court will require they create a parenting plan. The plan must include an outline of the child custody and visitation schedule, along with ways of dispute resolution in the event of a disagreement, steps for decision making, and a plan for child support payments. You should include all visitation stipulations, such as a location for exchanges and the expected behavior of the other parent, stepparent, or grandparent.
There are three types of physical custody, also referred to as residential arrangements, in Kansas. They include:
- Residency: A residential arrangement wherein the child resides with one or both parents on a basis consistent with the best interests of the child.
- Divided residency: A residential arrangement wherein one or more children resides with each parent and have parenting time with the other (only awarded in rare circumstances).
- Nonparental residency: The court can award custody to a nonparent if neither parent is fit.
In Kansas, as in many other states, the court will also look to the best interest of the child in adopting a parenting plan and a residential arrangement. Some other relevant factors include:
- The custodial preference of the parents
- The wishes of the child if at an appropriate age and maturity level
- How well the child is adjusted to home, school and community
- The previously established relationship of each child with the parent and siblings
- The willingness of each parent to recognize the importance of the child’s positive relationship with the other
- Any evidence of child or spousal abuse
In your Kansas custody and visitation schedule, you should include the following:
- A regular visitation schedule which will dictate how much time the child will spend with each parent on a regular or ongoing basis, so long as the schedule meets the child’s best interests.
- A holiday schedule that outlines which holidays are celebrated by the family and who will spend them with the child. Parents will often rotate and alternate holidays with the child. Special days, such as birthdays, three day weekends, etc, may also be included in the holiday schedule.
- A vacation schedule that allows the child to spend time with each parent when the child is out of school. Predictable vacations, such as winter break, can be predetermined and time can be allotted for other vacation allowances with the child.
McDowell Chartered: Kansas Family Law Attorneys Assisting in All Child Custody Related Matters
Creating a child custody and visitation schedule that you and your family will be happy with can be difficult, especially when it is further complicated by stepparent or grandparent visitations. Since 1992, the Kansas Family Law Attorneys at McDowell Chartered have assisted in a wide range of child custody issues. From fighting for your award of custody to negotiating a custody or visitation arrangement that is in your child’s best interests, our attorney team is here for you. Call McDowell Chartered today at (316) 269-0746 to schedule an initial consultation. We look forward to providing you with exemplary legal services.
