Divorce Kansas Custody
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Factors considered by a judge in Divorce Kansas Custody
The Kansas statute has enumerated several factors that a judge must take into account while deciding on 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
- The adjustment of the child in 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 those 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 wishes of the child. However, there is no specific age at which a child can decide where to live.
Types of Divorce Kansas Custody
Non Parental Custody
- 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
- 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 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 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 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 19th 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/she must file a motion in the same court in which the divorce proceedings were completed.
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