Divorce Kansas Custody

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Each state has its own set of rules and regulations that are implemented to settle all divorce issues between the divorcing parties. A divorce process can bring a lot of changes in the life of the spouses and related people such as children. It is observed that children are found with extremely disturbed life due to the separation of their parents. As a result, the child custody plan needs to be drafted correctly according to the suitability of the child associated with the case. While ordering custody responsibilities, the court primarily focuses on maintenance of child's upbringing even after the final separation between the divorcing parents. During divorce custody in Kansas, a definite custody plan is usually presented by either of the two divorcing parents and the other partner is meant to sign the agreement if he or she does not find any objection.

Factors considered by a judge during Divorce proceedings

The Kansas statute has enumerated several factors that a judge must take into account while deciding a custody case. Some of these are as follows:

• Proof of spousal abuse
• Whether one parent cooperates in assisting the child to continue the relationship with the other parent
• The desires of the child and the other parent for maintaining the relationship
• The adjustment of the child in the community, school and at home

The judge does not favor either the father or the mother merely on the basis of their sex. The judge is expected to review every case on the basis of the facts unique to the case. In case of children who are teenagers, the judge is ready to take into account the wishes of this teenager regarding the choice of residence and the reasons for the same. The thumb rule is that more the age of the child, more is the importance given by the judge to the interests of the child. However, there is no specific age at which a child can decide where to live.

Types of Divorce Custody in Kansas

Non Parental Custody

It is not necessary that every custody be granted to the divorcing spouses. There are some the cases when any third party may receive the responsibilities.

• For this to happen, the court must conclude that the parents are unfit
• Grandparent placement is a type of this sort of custody

Divided Custody

• The father has the custody of one child and the mother has the custody of another child. Such child custody is mainly termed as shared custody
• Each parent is granted visitation rights of the child who is in the other parent's custody
• This method is employed in exceptional cases

Sole Custody

• The child resides with only one parent
• This parent makes all the major decisions pertaining to the upbringing of the child
• The non custodial parent is awarded specific visitation rights
• This method is usually employed when one parent suffers from mental handicap or is incarcerated

Shared Physical Custody

• The child stays with both the parents for approximately identical durations of time
• This method can be efficiently pursued when both the parents reside close to each other
• It is a prerequisite that both the parents are very cooperative with one another
• Generally, judges are unwilling to issue these orders, but if the parents agree with each other regarding this arrangement, the judge finally approves it

Joint Custody

• The general plan is that the child lives with one parent i.e. residential custody and spends some time with the other parent (like on holidays, extended summer visits, overnight stays, some weekends etc.)
• Both the parents participate in the major decisions related to the upbringing of the child

Alteration in the primary residence of the child

Let us assume that the court has issued orders pertaining to the primary residence of the child. However, the court has the authority to alter this residence order till one of the following conditions are met (whichever condition occurs first).

• The child graduates from high school
• The child comes of age i.e. 18 years

In some cases, the authority of the court might be extended till the nineteenth birthday of the child. Let us consider that both the ex spouses reside in Kansas. Then if one of the spouses desires to alter the residence, he or she must file a motion in the same court in which the divorce proceedings were completed. However, every modification should be brought as per the guidelines provided by the state laws and the rights.

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