Child custody is one of the most common disputes in divorce and family law proceedings. Although a child custody dispute isn’t always what’s best for children, it provides an opportunity for each parent to offer support for their children.
Often the custody process involves some back and forth. However, the Overland Park Kansas court’s primary concern is the child’s best interests. Overland Park, KS family law specialists recommend working with an experienced family law attorney.
The Bright Family Law Center, LLC has loads of experience assisting families to tackle their custody issues. Each custody case is different, and therefore your child custody arrangements should be handled with care. Speak with a child custody lawyer for a consultation with us today, or read on for more information about finding the right Overland Park, KS child custody attorney.
What is Child Custody?
Child custody is defined as the rights and responsibilities of a parent toward a child. If both parents are deemed responsible and can provide adequate care and support for the child, then Overland Park, KS courts favor joint legal custody.
Kansas family law courts create a child custody order based on what’s in the child’s best interest. Overland Park, KS judges consider numerous factors before deciding which custody arrangement is best.
It can prove very difficult to develop and implement an agreement with parents regarding the care of visitation rights for their children. That’s why family law professionals suggest working with an Overland Park, Kansas attorney for assistance during your child custody or visitation matter.
The Different Types of Child Custody
Learning child custody arrangements can benefit families in understanding how a child custody order can define the legal aspects of separate parenting. Let’s consider that the state of Kansas recognizes the following types of child custody:
- Physical custody refers to time spent with your child(ren)
- Legal custody, meaning the ability to make decisions about your child’s upbringing (including factors like their education, religion, discipline, and medical decisions)
Both physical and legal custody are crucial components of child-rearing. Having a right to parenting time and a legally recognized voice regarding matters that impact your child’s upbringing is an imperative child custody matter. A well-drafted child custody agreement can ensure that you and your child(ren) have access to the parenting role you desire.
Each family’s situation is different, and whether or not you’ll receive child support or joint legal custody will be determined by the circumstances in your child custody hearing. The Bright Family Law Center, LLC recommends entrusting an adept child custody lawyer when you’re unsure about your child custody hearing.
Obtaining Custody in Kansas
Usually, Overland Park divorce attorneys advocate for the child to reside primarily with one parent (residential custody) and spend time with the other parent on some weekends and overnights, extended summer visits, and holidays.
Shared physical custody occurs if the child lives with both parents for an equal time. Shared physical custody is awarded to cooperative parents that live close to each other.
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. Divided custody happens when one child lives with one parent and another child with the other. Each party has visitation with the child in the custody of the other.
Non-parental custody can be granted temporarily when the court believes the parents are unfit to raise the child and another family member is called upon to take temporary custody of the children. When parents cannot agree, courts make determinations about what’s best for the child.
You do not have to leave your child support or Overland Park child custody in the hands of the courts alone. The Bright Family Law Center is a family law firm dedicated to finding solutions that work for its clients.
What Factors are Considered in a Child Custody Case?
Overland Park courts have broad discretion when considering family law cases. Their ultimate goal is to review and decide what’s best for the child around the unique set of facts in the cases. In Kansas, neither parent receives preferential treatment, regardless of the child’s age.
What do judges look for in child custody cases?
When determining a child custody order, courts consider factors that may include:
- Parental wishes
- Child’s wishes
- The character of the parents and individuals involved
- Who is the most stable
- Domestic violence issues
- Parent and child relationship
- Substance abuse issues
Modification
If a parent refuses to change an existing parenting plan, the plan can be brought before a judge. Many family law courts are filled with cases each day, so they require substantial changes for modifications to be granted.
Let’s say a residential parent is not meeting the duties of their responsibilities, then they can be found in contempt of court. If your family is involved in a serious matter, judges may offer an alternative order. Speak with a child custody attorney today to protect your family.
Custody Adaptations
Custody conditions can be adapted to more favorable arrangements when the circumstances allow. Depending on the parent’s relationship, changes can be submitted through attorneys fairly simply. However, in more complicated matters, visitation or custody adaptations need to be brought before the court in a hearing.
Kansas Child Custody Law
Child custody correlates to a parent’s responsibility towards their child. Generally speaking, seeing your children is a right and can be taken away by the courts if it’s in the child’s best interest.
One of the most difficult custody matters arises when a family wants to relocate to another state where the other parent can’t regularly see the child. Kansas parental relocation statutes outline that a resident parent interested in moving should inform the other parent so that they can accept or refuse.
Child Custody in Overland Park, KS: Frequently Asked Questions
Does Kansas have a preference for awarding joint custody?
Kansas does not have a legal preference for or against joint custody. The court’s primary concern is the child’s best interests, and joint custody may be awarded if it is deemed to be in the child’s best interests.
Can grandparents or other relatives seek custody of a child in Kansas?
Yes, under certain circumstances, grandparents and other relatives may seek custody or visitation rights if it is deemed to be in the child’s best interests. Kansas law recognizes the importance of maintaining relationships with extended family members in appropriate cases.
Can a non-biological parent seek custody or visitation rights in Kansas?
Yes, Kansas allows non-biological parents, such as stepparents or de facto parents, to seek custody or visitation rights if it is determined to be in the child’s best interests. The court will consider factors such as the nature and extent of the parent-child relationship and the impact on the child’s well-being.
What factors do Kansas courts consider when determining relocation cases involving child custody?
Relocation cases involve a custodial parent seeking to move with the child to a different location. Overland Park family law courts consider various factors when determining whether to grant permission for relocation, including the reason for the move, the impact on the child’s relationship with the non-relocating parent, the child’s adjustment to the new environment, and the ability to maintain a meaningful relationship with both parents.
Can a minor child’s preference regarding custody be considered by the family court in Kansas?
Yes, Kansas courts may consider the reasonable preference of a child when determining custody, especially for older and mature children. The court will assess the child’s age, maturity level, and ability to express their preference. However, the child’s preference is just one factor among many considered in determining custody, and the ultimate decision will still be based on the child’s best interests.
What happens if one parent interferes with the other parent’s visitation rights in Kansas?
If one parent consistently interferes with the other parent’s court-ordered visitation rights, it can be considered a custody order violation. The aggrieved parent can file a motion for enforcement with the court, seeking remedies such as make-up visitation time, modifications to the custody order, or even contempt of court charges against the non-compliant parent.
Can a parent’s criminal history affect child custody decisions in Kansas?
Yes. The court will evaluate the nature of the criminal history, its relevance to the child’s safety and well-being, and whether the parent has taken steps toward rehabilitation. The primary concern remains the child’s best interests and ensuring their safety and welfare.
Can a child’s extracurricular activities impact custody arrangements in Kansas?
Yes, the court will assess the impact of the activities on the child’s well-being, educational opportunities, and ability to maintain relationships with both parents. It may also consider each parent’s willingness and ability to support the child’s participation in extracurricular activities.
Remember, child custody laws can be intricate, and the specific details of your case may warrant further exploration. Consult with our qualified family law attorneys, child support lawyers, maintenance (formerly referred to as spousal support or alimony lawyers), and divorce lawyers in Overland Park, KS to receive personalized guidance and ensure the protection of your rights and the best interests of your child.
The Importance of a Child Custody Attorney
An Overland Park Kansas custody attorney can represent clients in numerous child custody disputes. The attorney you choose will directly impact how much you’ll be able to see your children moving forward.
Child custody attorneys in Overland Park, Kansas in Johnson County
Family law issues are very complicated, particularly children’s custody issues. Child custody lawyers often find that the biggest dispute is the children’s rights. The lawyers at The Bright Family Law Center, LLC understand how important your children are to you. That’s why our firm can walk you through all of the options in your legal journey.
How can I resolve my child custody issue without a court order?
When parents can develop a parenting plan on their own, it generally turns out better for everyone. Our family law professionals can advocate for you in negotiations with the other parent, make sure that you understand your legal rights as a parent, and assist you in avoiding costly litigations.
A custody settlement allows you more control over your parental rights and visitation orders. Both parents generally will be more comfortable with the ideas they develop rather than those enforced by a judge’s decision. Mediation has also been a successful option for many parents.
Whether you’re mediating your child custody issue or taking it to court, The Bright Family Law Center, LLC is standing by today in the Overland Park community to support you and your family.