What Parents Should Know About Kansas Child Custody Disputes [Part II]

This is the second installment of our two-part blog that provides answers about issues relating to child custody and parenting plans in Kansas paternity and divorce cases.  We focus on questions about which many parents are misinformed.  If you are involved in a Kansas divorce, the preservation of your relationship with your children may be a source of considerable stress and concern.  Kansas child custody attorney Tom McDowell understands the anxiety that parents experience amidst fundamental changes in their family structure that result from a divorce or a breakup of unmarried parents.  While we invite you to review this blog for information that may ease your concerns, the best alternative is to contact us for a free consultation if you have specific questions.

What is a parenting plan?

A parenting plan will set forth important provisions about timesharing arrangements and parental authority to make decisions about your children.  At the minimum, your parenting plan should include provisions for legal custody of the children, parenting time and a mechanism for resolving disagreements.  If you and the other parent are able to agree to a parenting plan, the court will presume the plan is in the best interest of the children.

Will I be able to obtain a modification of the parenting plan if I have changed my mind about the terms?

Parents need to be comfortable with the terms of a parenting plan when they agree to the arrangement because it cannot be changed merely because a parent experiences “buyer’s remorse.”  For a parent to modify a parenting plan that is part of a divorce or paternity judgment in Kansas, the parent must establish that there has been a substantial change in circumstances.

What happens if I cannot agree on a parenting plan with the other parent?

While the best parenting plans usually are a product of a negotiated agreement between the parents, sometimes this is just not a viable option.  If an agreement cannot be reached, the court will make orders regarding legal custody (i.e. authority to make decisions about school, health care, religion, etc.), parenting time and visitation.  Many times the court will have an expert with special training appointed to help gather evidence and recommend a parenting plan that is in the best interest of the children.

How should I proceed with a child custody case if domestic violence, substance abuse or child abuse/neglect issues involving the other parent are present?

These issues may justify seeking emergency relief through an ex parte hearing.  If you have any of these issues involved in your situation, it is important to seek legal advice immediately.  Courts view “emergency” requests skeptically when the party claiming that there is an emergency that threatens a child’s safety waits to seek court intervention.  The court may order supervised visitation if these factors are present in your divorce or paternity action.

If you have questions about child custody and/or parenting plans in Kansas, we urge you to schedule a free consultation so that we can answer your questions.  Wichita, KS child custody attorney Thomas C. McDowell has been practicing law for over two decades.  We provide legal representation in both divorce and paternity cases. So please call us today at 316-269-0746 or submit an online case evaluation form.