Family law issues are incredibly personal and affect the most critical parts of your life. They can determine how much time you spend with your children and how much money you should pay in support. Divorces can be amicable and quick or antagonistic and drawn out. Having the right legal team on your side to support you through the process is critical.
We know a lot is at stake when you are involved in a familial dispute that has legal implications. A Lincoln County family lawyer could help you reach a favorable resolution to your custody, child support, or divorce matter. Call today to set up a consultation with an experienced attorney.
Mediation To Resolve Family Law Issues
Mediation is a voluntary process that helps people reach an agreement on their disputed issues during a divorce; it helps some couples avoid the expense, delay, and stress of taking their case to trial. Mediation involves both parties meeting with a neutral third party—a mediator—who is trained in dispute resolution and is typically familiar with the Kansas judicial process.
According to Kansas Statutes Annotated § 23-3502, the court may require couples to attempt mediation to resolve many family law matters before allowing a case to move forward through the legal system.
While couples who resolve their issues by agreement are typically happier with the outcome than those whose issues are decided by a judge, neither party needs to agree to anything at mediation. If parties attempt mediation but cannot come to an agreement, they can still proceed in the courts. Those who have a capable Lincoln County family attorney by their side during mediation benefit from legal advice and guidance during the process, and often have a higher likelihood of reaching a compromise.
When co-parents cannot resolve a custody dispute by mutual agreement, the Lincoln County District Court will decide on a parenting plan. The court will typically order a shared or joint parenting plan. Most commonly, the children will live with one parent most of the time and visit the other parent on some weekends and during holidays. In most cases, the court will also order joint legal custody, which gives both parents equal rights to make decisions for the children.
According to Kan. Stat. Ann. § 23-3205, when parents agree on a parenting schedule, the law presumes this arrangement is in the children’s best interests. Parents who agree on a parenting schedule do not have to worry as much about what the court will decide. However, it is not always possible to agree on custody arrangements.
In contested custody cases, the court reviews many factors when determining what schedule is in the children’s best interest, including:
Each party’s participation as a parent before and after separation
The ages and needs of the children
The children’s relationship with their parents, siblings, and anyone else who may affect their well-being
The ability of each parent to foster a good relationship with the other parent
The ability of each parent to perform parenting functions
The school schedules of the children and the work schedules of the parents
The desires of children of sufficient maturity
The court will also consider whether either parent has a history of domestic violence, child abuse, or sexual abuse. A complete list can be found in Kan. Stat. Ann. § 23-3203, and a seasoned family lawyer in Lincoln County can help identify which factors might matter most in a specific case.
Schedule a Consultation With a Lincoln County Family Attorney
Family law matters in Lincoln County can be complex. It is difficult to know what the court will consider when making decisions that affect the lives of you and your family. A Lincoln County family lawyer can help ensure your wishes are understood and presented clearly, in court or during mediation.
Call now to speak with one of our dedicated family law attorneys about your case.
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