What happens to the children can be one of the most contentious issues involved in a divorce. Parents often have strong feelings about how their children should be raised and where they should live. It’s important to have a child custody lawyer who understands the law, knows the judicial process, and grasps the sensitivity with which these issues should be handled.
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Legal Custody and Physical Custody in Kansas
There are two types of custody—legal and physical. These terms are at the heart of custody decisions, determining how each parent will remain involved in their child’s life after a divorce.
Legal custody refers to a parent’s right to make significant decisions regarding their child’s upbringing. This includes decisions about education, medical care, religious practices, and extracurricular activities. Physical custody addresses where the child resides and which parent provides daily care.
Both forms of custody can be handled in one of two ways—joint or sole.
The distinction between joint custody and sole custody lies in the degree of shared responsibility. Joint custody emphasizes cooperation and shared roles, which is seen as beneficial when both parents are capable of effective communication. Sole custody, however, grants one parent exclusive rights.
Kansas courts typically favor joint legal custody, meaning both parents share this responsibility and are expected to work collaboratively in making decisions. However, in cases where cooperation is unlikely or when it’s in the best interests of the child, a judge may grant sole legal custody to one parent, giving them full authority over major choices.
Joint physical custody might involve the parents taking turns as the child’s primary residence. Sole custody, on the other hand, makes one parent the primary caregiver, while granting visitation rights to the non-custodial parent.
There’s a lot that must be sorted out in the custody process. Joint and sole custody can be split—it’s not uncommon for parents to share joint legal custody, while one parent has sole physical custody. Other arrangements are also possible, including either form of custody across the board. Specific issues, such as who gets the kids on holidays, during the summers and other school breaks have to be resolved.
Everyone’s situation is different. These are the issues a Kansas court is likely to weigh:
The child's best interests: This is always the central focus during custody proceedings. Courts want to be sure a child’s environment is safe and supportive. Decisions are made with the goal of fostering the child's overall well-being and creating a stable upbringing.
The child's wishes: If the child is mature enough, their opinion may influence the court’s custody decision. Judges often listen to the child’s preferences regarding where they wish to live and with whom, though this is only one factor in the overall determination.
Parental involvement: The court reviews each parent's relationship with the child, including who has been the primary caregiver. This is done to be sure the custody arrangement reflects a parent’s ability to meet the needs of their child.
The child's relationships: The court considers the child’s relationships with immediate family members, as well as others who play a significant role in their lives. Stable connections can provide the child with emotional security during transitions.
The child's adjustment: Another important factor is how well the child has adjusted to their home, school, and community. The goal is to reduce disruption while allowing the child to thrive in familiar surroundings.
The parents' ability to cooperate: Successful joint custody requires a strong level of cooperation to coordinate schedules, share responsibilities, and make decisions together. Parents who cannot effectively collaborate may impact the court’s custody preferences.
Evidence of abuse: Instances of domestic abuse, whether physical or emotional, are critically examined by the court. Evidence of abuse may result in limited visitation or sole custody granted to the non-offending parent for the child’s safety.
The parents' work schedules: Conflicting hours or long absences may impact a parent’s ability to provide consistent care. A well-thought-out custody plan accounts for work commitments without disturbing the child’s routine.
The child's school: Close proximity to school can heavily influence custody arrangements. Courts strive to minimize disruptions to the child’s education, keeping them in a stable learning environment.
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