Child Custody
Kansas law recognizes joint legal custody and sole legal custody. Joint custody is preferred and implies that both parents will share in making major decisions concerning the child’s upbringing. The usual arrangement is for the child to reside primarily with one parent (the residential parent) and to spend time with the other parent (parenting time, or visitation). Joint custody does not pertain to the physical residence of the child. Shared physical residency occurs when the child lives with both parents in equal or nearly equal blocks of time.
Sole custody means that one parent makes all the major decisions regarding the child’s upbringing and the child lives with that parent. The other parent may have specified visitation rights. Sole custody usually occurs when one parent is not involved in the child’s life due to incarceration or mental incapacity.
Generally, the court has broad discretion in determining custody child orders and the law lists many factors to consider. Each case is reviewed on its own facts according to the child’s best interests. Neither the mother nor the father is preferred because of their gender regardless of the age of the child. In most cases, the parents agree on the type of custody that fits their circumstances and then present their agreement to the court for approval.
I offer experienced and compassionate legal services to clients throughout the Greater Kansas City area (Kansas only), primarily in Johnson, Wyandotte, Leavenworth, and Miami Counties. Please feel free to contact my office for a free initial consultation. I will discuss your case with you and let you know how best to protect your legal rights.
