![]() ![]() In Kansas, the parent who does not have primary residential custody of the child will have parenting time, sometimes called visitation. In addition to the numerous factors listed in the statute, the court may consider any information it deems relevant in determining custody. Whether a parent has been convicted of abuse of a child, or is living with someone who has been convicted of abuse of a child.The child's interactions and relationships with parents, siblings and any other person who may significantly affect his or her best interests.Each parent’s ability to foster a relationship between the child and the other parent.The child’s adjustment to his or her home, school, and community.As in most states, Kansas custody law is focused on what is in the "best interests of the child." The court determines what these best interests are by analyzing several "best interests" factors set forth in statute. When parents cannot agree, the court must decide. Parents may, and often do, agree on a custodial arrangement, which the court will approve in most cases. Each party has visitation with the child in the custody of the other parent. Divided residential custody: One child lives with one parent and another child with the other parent.Primary residential custody: The child lives primarily with one parent, with the other parent having visitation rights.This requires a great deal of cooperation between parents, and usually works best when the parents live a short distance from each other. Shared residential custody: This is when the child lives with both parents for equal or nearly equal periods of time.There are different types of residential custody in Kansas: Residential custody refers to where the child lives the majority of the time. ![]() Children may also be placed in the legal custody of those other than parents, such as grandparents, when parents are found to be unfit or the child is in need of care. Sole custody is not favored in Kansas, and is usually ordered when one parent is not involved, such as when incarcerated. The default custody arrangement in Kansas is for parents to share joint legal custody of their children, although in some circumstances, it is appropriate for one parent to be the legal custodian. Legal custody refers to which parent has the right to make important decisions for a child, such as medical, educational, and religious decisions. Some parents may be confused about the difference between legal custody and residential custody. At Schwartz & Park, L.L.P., our priorities are aligned with those of our clients, and we are committed to striving for the custody arrangement that our clients feel will be in the best interests of their children. Most parents' primary focus is the well-being of their children, and most have deep concerns about how to preserve that well-being. For Kansas parents who are divorcing, separating, or have never been married, child custody is a subject of great importance.
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