There are two aspects to child custody in Kansas. The first aspect is residential custody, which is where the child spends the majority of their time.
The second aspect is legal custody. This is a matter of who has a right to make major decisions about the child and have access to certain information.
Generally the parents are granted joint legal custody and one parent is granted residential custody.
In determining the issue of child custody, residency and parenting time, K.S.A. 60-1610(a)3(b) delineates the factors to be considered. These include, but are not limited to:
The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto;
The desires of the child's parents as to custody or residency;
The desires of the child as to the child's custody or residency;
The interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests.
The child's adjustment to the child's home, school and community;
The willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;
Evidence of spousal abuse;
Whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A.22-4901, et seq., and amendments thereto, or any similar act in any other state, or under military or federal law;
Whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto;
Whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; and
Whether a parent is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto.
If a change needs made in the custody of your child, call Linda K. Howerton for a free half-hour consultation.
Law Office of Linda K. Howerton