Kansas Child Custody

Posted by admin on April 27th, 2006

The guidelines that are used in Kansas to determine child custody are set forth to ensure that the best interest of the children is put in place with regards to custody of any minor children. If the parents have a parenting plan submitted the court will decide if their plan is in the best interest of the children before it is approved. The courts in Kansas follow these guidelines among any other pertinent information regarding the well being of the children before child custody is awarded.

* How long the children have been living with the parent that they are now residing with and the circumstances that surround why the children are in this home with this parent or other legal guardian.

* Who the children would like to live with and in which home.

* Who the parents would like the children to live with.

* The relationship that each parent has with the children.

* How the children are adjusted to their home, community and school in which they are now attending.

* If both parents are willing and able to respect one another and the other parents relationship and bond with the children, including allowing the children to still continue to visit and have a loving and stable relationship with the other parent.

* Domestic violence.
Joint custody is the preferred custody in the state of Kansas and is always presumed unless otherwise noted with proof that this is not a possible arrangement. Both parents must submit a parenting plan and the court will then decide on joint custody based on the plans of each parent.
If domestic violence is noted, the court will then need to decide if joint custody is feasible, even if the violence was not toward the children or when the children were present. Both parents must be able to make decisions regarding their children without the threat of any type of violence toward them if they do disagree. Sometimes a court mediator can be appointed to determine if joint custody is possible.

The court can have interviews and experts visit both homes of the parents to talk with each member of the family or others that are living in the home. Remember, the court is not going to just choose because you say so, they want and need proof that both parents and their homes are suitable for joint custody and if not which parent should have the children living with them and then they must decide on visitation.

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