Family law differs from other practice areas because the parties on opposite sides have had long and intimate relationships as opposed to not knowing each other before a case begins. Moreover, even after the matter concludes, the parties may continue interacting with each other out of necessity—particularly when children are involved.
Because of this, these matters can quickly become stressful and emotionally charged if left unaddressed. In these difficult situations, an experienced Ellsworth County family lawyer may be able to serve as a voice of calm and reason to help you achieve your goals for the matter while also treating all parties with dignity and professionalism.
Family law spans a wide array of issues, but some of the more common ones include:
A family attorney in Ellsworth County could work with people to understand their goals and objectives related to the situation. Then, they could determine the best path forward, what that path might entail, and the relative chances of achieving a desirable outcome.
Many issues in family law involve child custody decisions. A lawyer in Ellsworth County could help a parent determine how custody may play out in their family situation. In general, however, when a court makes a custody determination, it makes three distinct but interrelated decisions related to the child.
First, the court determines which parent will have legal custody of the child, otherwise known as the right to make decisions regarding the child. Kansas Statute Annotation § 23-3206 provides that joint legal custody is preferred. However, if the circumstances dictate, the court may order that only one parent have sole legal custody.
Second, the court determines the child’s where the child will live. Again, Kan. Stat. Ann. § 23-3207 prefers that a child resides with one or both parents, but, if necessary, residency can be granted to another relative or an appropriate agency.
Finally, the court determines a plan to provide parenting time to the person who was not awarded residency rights. Kan. Stat. Ann. § 23-3208 provides that all parents are entitled to a reasonable amount of parenting time, so long as it will not endanger the child’s health.
For custody, residency, and parenting time, the court will make the decision in the same way: it will, in accordance with Kan. Stat. Ann. §23-3201, consider the child’s best interests. In determining what is in the child’s best interests Kan. Stat. Ann. § 23-3203 provides that factors the court may consider include:
Although Kan. Stat. Ann. §23-3204 provides that there is no presumption that it is in the best interests of the child to be placed with the mother, Kan. Stat. Ann. §23-302 provides that it is presumed that a parenting plan that each parent has agreed to will be in the child’s best interests.
Family relationships can be stressful and complicated. They are also some of the most important relationships you have. When those relationships mix with the legal system, the stress and complications may become magnified. An experienced attorney may be able to advise you regarding the options available to you and help you execute that plan in a way that meets your goals for you and your family.
Schedule a consultation with an Ellsworth County family lawyer today.
