When involved in a child custody dispute Kansas Courts look to one theme in their decisions – The best interest of the child. When considering what is in the best interest of the child the factors a judge may look to include: Each parent’s role and involvement with your child before and after separation; your child’s age; the emotional and physical needs of your child; your child’s adjustment to his/her home, school and community; the relationship between yourself and your child’s other parent;  the school activity schedule of your child; the work schedule of yourself and your child’s other parent; the location of residences and places of employment; and the location of your child’s school.

Kansas Courts prefer to award Joint Legal Custody to each of the parents, which means that both parents consult with each other about major decisions regarding your child. Legal Custody has nothing to do with who your child lives with or when your child spends time with yourself or the other parent – this is more commonly known as Physical Custody. These major decisions include, but are not limited to: where your child attends school and church, which doctors your child sees, medical decisions, and medication decisions. In the event that the Court determines Joint Legal Custody of your child is not practical, the Court may award you or your child’s other parent Sole Legal Custody, and with it the ability to make most major decisions regarding your child without having to consult with the other parent.

In addition to favoring Joint Legal Custody, Kansas Courts prefer to award parenting time to each parent in a way that best serves your child’s interest. This means to look at each of the factors listed above and determine where your child should live, and when your child should see his/her other parent.

While the Courts are there to make these decisions for us, every judge seems to hold the same belief – if the parents can get along well enough to raise their child, the child will be much better off in the long run. For this reason, most judges encourage the parties to discuss their issues and come to an agreement regarding the custody of their children. If an agreement can be reached, the judge, absent extraordinary circumstances, will not stand in the way.

Contact RS Law for a free consultation today and we will work closely with you to take the confusion out of child custody.