Any orders made by a Kansas court regarding the residency of a child as well as major decisions on the health, education or other important issues regarding the assignment of rights and responsibilities of minor child in a Kansas divorce or paternal action is subject to the best interest of the child standard. The parents in a custody case may agree on a “parenting plan,” which the court will typically accept.
The court is not obligated to accept the parenting plan if the court finds that it is not in the best interest of the children. For example, if the parents attempt to waive child support, the court will not permit this type of arrangement. The court would also typically reject a parenting plan that places the children in the home of a registered sex offender or where a member of the household has a history of spousal or sex abuse.
If the parents cannot agree on a parenting plan, the court will develop a parenting plan for the parties. If the court must determine child custody arrangements, the court will consider the following factors:
• The Relationship between the child, both parents and extended family members
• The child’s preference
• Any past evidence of spousal abuse
• Willingness of each parent to respect and encourage continuing contact between the child and other parent
• Desires of each parent
• Evidence regarding a child’s home, school and community adjustment
• Length of time the children were in the care of a third party and surrounding circumstances
There is a refutable presumption that a child residing with someone subject to the requirements of Kansas sex offender registration or residing with someone convicted of child abuse is not in the child’s best interests. This applies not just to the parent but also to new partners of either parent. A parent who is cohabiting with a registered sex offender or who has engaged in child abuse will be treated no differently in terms of determining residency then if the parent was the registered sex offender or had a past pattern of child abuse.
The court may develop residency arrangements that may result in the child living with one parent and visiting the other. Alternatively, the court may divide physical custody so that the child spends substantial periods of time living with either parent. Kansas courts no longer favor the mother and will generally have a preference to have both parents have significant periods of physical custody unless there are reasons that this is inappropriate. The court will also have a preference for placing a child with a parent that seems substantially more willing to promote the child’s ongoing relationship with the other parent.
Based on the list of factors above and the challenge of obtaining objective evidence in a child custody case, the court will typically place substantial weight on records of school performance. Where the residency of the child is bitterly contested, the court gives weight to objective measures of the child’s success and adjustment including excelling in school because such evidence is not easily manipulated.
It is almost always in your child’s best interest for parents to reach an agreement on residency as well as decision making on health, school or other issues. The ability of parents to resolve Kansas custody disputes amicably can go a long way toward minimizing the stress and anxiety of a custody dispute on your children. At Arnold Law Firm, Attorneys at Law, we have helped many parents just like you develop creative and acceptable parenting plans. We also know that sometimes it is simply not possible to agree. If an agreement cannot be reached, we are prepared to use zealous advocacy to pursue a parenting plan that you consider in the best interest of your child. Call us today to schedule your initial consultation at 913-764-8500 and speak with an experienced Kansas City child custody lawyer.
