Once custody has been decided, the court decides on the child`s place of residence. See What is a residence permit and who can get it? for more information. A judge may also grant you parental leave. Parental leave is when you have the right to visit your child. Go to What is parental leave? for more information. In some cases, you can apply for custody in a state where the children and at least one parent have “important ties.” As a general rule, however, you can only do this if there is no state of origin or if the state of origin has agreed to let another state hear the case.1 This can be complicated, and if you think it applies to your situation, please speak to a lawyer in both states. Deciding who declares the child taxable A judge may question your child in chambers (the judge`s office) to help determine custody, residence, access and parental leave. We say yes, and not just because we are lawyers. Even if you think you can make a mutual custody agreement, you should always have a lawyer by your side in case things go wrong. Our legal team understands the intricate details of Kansas custody and can help develop a winning strategy that benefits all parties. A parenting plan is a written agreement between you and the child`s other parent.
A parenting plan is always required in Kansas as part of a custody order, so if you and the other parent can`t agree on one, a judge will create one for you. Even if you can`t agree on a parenting plan with the other parent, you`ll still be asked to suggest your own parenting plan. If a child is born out of wedlock, establishing paternity can be complicated. Filing an acknowledgement of paternity with the court and negotiating a parenting agreement can make the process difficult and exhausting. Fortunately, an experienced divorce attorney in Kansas can give you the comprehensive advice you need. Once a judge has made a final custody decision, you can apply for a change if circumstances change significantly. This is demonstrated by proving that the child`s life or environment has changed or something has happened, so a change of custody is appropriate. A temporary parenting plan will be created (by you or the judge) for the period between the application for custody and the receipt of your final custody order.
After you create a temporary parenting plan, you will need to file it with the court and give a copy to the other parent or the other parent`s lawyer. A temporary parenting plan should consider: Mediation involves both parties meeting with a neutral third party (a so-called mediator) to reach an agreement based on a decision of the parties and not the mediator.1 In cases involving custody, residence (which parent the child will live with) and parental leave (visitation), You can ask for mediation or the judge can order it if both parents can`t agree on how to share custody, residence and parental leave and haven`t yet agreed on a parenting plan (see What is a parenting plan? for more information). The judge must first give preference to a parent of the child by blood, marriage or adoption; The second preference is another person with whom the child has a close emotional bond. This type of temporary residence does not end your parental rights.2 You can and should gather evidence to support your custody position. However, there is no guarantee that the evidence you have gathered will be admitted by the court. Kansas courts determine custody based on what is in the best interests of the child. In making this decision, the court will consider a variety of factors. These include, among other things, the wishes of parents; the child`s adjustment to his or her home, school and community; and each parent`s willingness to provide a lasting relationship between the child and the other parent. Here is some general information you may need to provide to a judge when you apply for custody: Unmarried fathers, for example, unlike mothers, do not have binding custody.