CHILD CUSTODY IN OVERLAND PARK
Child custody can be the most emotional part of dissolving a marriage. Dividing your assets is one thing. Dividing custody of your children is quite another. In 2019, more than 5,500 minor children in Kansas became the subjects of child custody cases due to their parents' filing for divorce.
Maybe you are thinking about getting a divorce and don’t know what to expect in negotiating child custody issues. Perhaps you have an existing custody agreement you want to change. Either way, you need to consult a family law attorney for advice about such a critical aspect of your life and your child’s life.
Roth Davies LLC provides experienced legal representation to individuals and families in Overland Park and Johnson County, Kansas, who are navigating potentially contentious child custody matters. Their goal is to garner extraordinary outcomes for every client they represent.
ESTABLISHING A CHILD CUSTODY ARRANGEMENT
Child custody agreements are detailed plans covering issues such as parenting time (visitation), and financial support. There are two options divorcing parents can take to reach an arrangement:
OPTION 1
You and your spouse can agree on the terms of child custody and present a parenting plan to the court for approval. Kansas law presumes that a custody arrangement agreed upon by both parents is in the child's best interest, though the court may rule otherwise. Agreeing to a child custody arrangement is the fastest, least expensive, and least painful option, and advice from an attorney can help you keep the conversation productive and on track.
OPTION 2
If you and your spouse cannot agree on the terms of an agreement, the court will create an agreement or order you to work toward a mediation agreement. Your family law attorney can help you present your views on what you believe is in your children's best interest.
LEGAL CUSTODY VS. RESIDENTIAL CUSTODY
Legal Custody
Legal custody refers to the assignment of responsibilities for making decisions regarding education, healthcare, religion, and other major life issues affecting the child.
Residential Custody
Residential custody—also referred to as physical custody—addresses where the child primarily resides and which parent provides day-to-day care.
TYPES OF CUSTODY
Kansas law includes four types of potential custody arrangements:
Joint Custody
Joint custody means that both parents share legal custody of the child. Legal custody is commonly awarded jointly, allowing both parents to participate in major decision-making. While residential custody may also be granted jointly, it is less common unless the parents live in proximity. Courts often find that a child’s best interests are served when the child primarily resides with one parent.
Sole Legal Custody
When one parent is awarded sole legal custody, that parent is not required to consult with the other parent when making significant decisions regarding the child. An award of sole legal custody does not eliminate the other parent’s right to parenting time under an established parenting plan.
Divided Custody
Divided custody is uncommon and typically applies only in cases involving multiple children. In such circumstances, the court may award residential custody of one child to one parent and residential custody of another child to the other parent. Each parent would then exercise parenting time with the child who does not primarily reside with them.
Non-Parental Custody
The court may award non-parental custody if it determines that neither parent is currently fit to have custody of the child. This type of custody is often temporary and allows parents time to demonstrate their ability to care for the child. In certain circumstances, grandparents or other third parties may also petition the court for visitation rights.
FACTORS CONSIDERED IN DETERMINING CUSTODY
In the eyes of the court, the foundation of any child custody agreement is anchored by the child’s best interest, not the best interests of the parents. Among the factors weighed: a parent’s willingness to encourage a relationship with the other parent, the child’s adjustment to home, school, and community, and any evidence of abuse. The court considers the wishes of the parents and, if the child is old enough and mature enough to express a preference, the child's wishes about where they live.
MODIFYING AN EXISTING CHILD CUSTODY AGREEMENT
The needs of children and the circumstances of parents change over time. As they do, a parent can ask the court to review an existing custody agreement. If a parent demonstrates a material change in circumstances that affects the child’s best interests, the court may modify the agreement. Additionally, if a parent unreasonably denies visitation to the other parent, the court may consider it a material change in circumstances.
TRUST AN EXPERIENCED LAW FIRM
Raising children is complicated. So is determining how children should be raised when parents divorce. Even if a divorce is relatively amicable, experienced family law attorneys can help you understand all of the factors involved in child custody and advocate for you during the legal process. If the divorce is not amicable, legal counsel is even more important to your future and that of your children.