Father’s Rights
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 – neither parent’s rights are superior. 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.
If you are the non-residential parent, you have the right to access to your child, or “parenting time” (formerly “visitation”). The court may order “reasonable” parenting time and leave it up to the parents to work out the details, or may order a specific parenting time schedule. “Reasonable” means the right to see the child at reasonable times under reasonable circumstances after adequate notice.
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.
