A change to a custody order is called a Modification.  A modification is a legal proceeding used to change any aspect of the custody arrangement previously ordered by the court.  If after a time, either party wants to change a part of the custody order from the courts, they would attempt to “modify” the order with the courts. In Kansas, the best interest of the child is the only factor in consideration when dealing with custody issues.

Generally, unless the parties agree to the modification, the courts will only modify an order if there is an issue with the order which negatively impacts the child’s best interest.  The courts will consider the custodial parent’s ability to take care of the child, both mentally and physically.

Ideally, the court wants both parents to co-parent and share in making decisions regarding their child(ren), responsibilities associated with their child(ren), and have equal authority related to the health, education, and welfare of their child(ren).  The courts also want each parent to have a significant amount of time that his/her child(ren) live with them.

Parenting Plans are enacted to make sure children are permitted to spend adequate amounts of time with each parent, regardless of whether their parents are married or not.  Parenting Plans protect parental rights of both parents to spend time parenting their child(ren).  Supervised visits or limited visitation is available when it isn’t safe for a child to be alone with their parent.  In very serious situations, some parents are not given any access to their children.

A modification to a Parenting Plan can be obtained when circumstances surrounding the child(ren) have either improved or worsened.  Sometimes parents overcome personal challenges in their lives and want to have access to their children again. Sometimes a parent or concerned individual has a strong reason to believe that the current Parenting Plan exposes the child(ren) to danger.  The court will base its decision on many factors before awarding a modification of a Parenting Plan, but ultimately any modification must be for the safety and best interest of the child(ren).  RS Law understands the family laws in Kansas and can guide you in making the best decisions for your family.