To assist the court in determining the best interests of the child, the judge may appoint an investigator to evaluate the child's needs and each parent's ability to meet those needs. Rarely, in cases with multiple children, the court may award "divided" residency, which is where the court may order a residential arrangement where each child resides with a different parent and has parenting time with the other. § 23-3207 (a).) However, the judge will evaluate each case on an individual basis before deciding on sole or joint residency of a child. § 23-3206.)īecause the law favors stability for children, it's more common for judges to award primary custody or residency to one parent and parenting time (visitation) to the other. Judges who award sole legal custody to one parent must explain, on the record, the reasons for the decision. It's rare for judges to award sole legal custody and will only do so if the court believes it's not in the child's best interest for both parents to have equal decision-making responsibility for the child. If the court grants sole legal custody to one parent, that parent doesn't need to seek permission on any decision regarding the child. If parents can't agree on a particular issue, the court will decide for them. Joint legal custody means that both parents have an equal right to make decisions regarding the child's wellbeing. Judges can award either type of custody to one parent, both parents, or a combination. Residency is sometimes used interchangeably with physical custody, which refers to which parent the child will reside with throughout the year. Legal custody refers to the allocation of each parent's rights and responsibilities to make educational, religious, moral, and legal decisions about the child. Judges split custody into two categories: legal custody and residency. In most cases, the court will approve the parenting plan. A judge can still find that the parenting plan is not in the best interests of the child and order alternative arrangements based upon the evidence presented. § 23-3202.) The parenting plan is not binding on the court. § 23-3201.) In cases where the parents do agree on custody, they can present the court with a written "permanent parenting plan." (Kan. Kansas law provides that, if parents can't agree on a parenting plan after a divorce, the court can evaluate the case and create a custody plan for them. If you have additional questions or need more information on how to proceed with your case, speak with an experienced family law attorney near you. This article will provide a basic overview of custody and parenting time in Kansas. If they're not able to agree, a judge must make decisions about child custody and visitation. When parents get divorced (or unmarried parents break-up), they must try to work out a custody arrangement and parenting schedule.
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