Kansas Child Custody Laws; Child Custody Statute

Child custody proceedings in Kansas follow two general rules.  First, both parents have equal rights as the natural guardians to supervise, rear, and educate their children.  Secondly, fit parents are entitled to custody over nonparents.  If one parent dies, the other parent automatically has full custody rights, even if the parents are divorced.  The state as parens patria, has a duty to protect children and will intervene if a child is in danager or if someone brings a custody dispute before the court. 

K.S.A. 60-1610 details the different types of custody, both legal and residential arrangements in Kansas.  The two types of legal custodial arrangements are, joint legal custody and sole legal custody.  Joint custody may be ordered by the court, with both parties.  In that event, the parties shall have equal rights to make decisions in the best interest of the child.  The court may also order sole legal custody with one of the parties when the court finds that it is not in the best interest of the child that both of the parties have equal rights to make decisions pertaining to the child. 

In Kansas, and pursuant to K.S.A. 60-1610, there are three types of residential arrangements.  First, residency is where the court may order a residential arrangement in which the child resides with one or both parents on a basis consistent with the best interest of the child.  Second, divided residency is used only in an exceptional case.  The court may order a residential arrangement in which one or more children reside with each parent and have parenting time with the other.  And, finally nonparental residency.  Special circumstances are required to be met before this happens.  If during the proceedings the court determines that there is probable cause to believe that the child is a child in need of care as defined by subsections (a)(1), (2) or (3) of K.S.A. 38-1502 and amendments thereto or that neither parent is fit to have residency, the court may award temporary residency of the child to a third party.  And this includes grandparents. 

For full detail of the language of K.S.A. 60-1610, I have included a link Download K.S.A 60-1610.pdf to the statute.

Comments

[SJWolfe]

I agree to an extent with king, however I do feel that once a child reaches a certain age, the child's wishes should be taken into consideration. Whether that means that the child speaks to the judge directly, or if statements the child has made to others about his or her wishes should be considered, I don't know.

[Ronna Crosby]

It is getting more and more common that a district judge can and will up hold the law by what he or she "thinks" it should be upheld and not by the as the law is written.
It is more and more common the a judge will make the statement that it is his court room, when in fact it is for the people in which he is employed to make sure that due process and all' people rights are up held.
I have been with my daughter in the Wilson County Kansas District Court room over the custody of her children and heard with my two ears a judge litterially deny her right to defend or speak for herself. I also sat there and watch a district judge set forth morions which abruptly removed the children from her home with police escort for no other reasoning then the father filing a motion saying he was told by my daughter that I ran off with her and her sister ( in which I have 2 other daughters) The attorney that filed such a motion also was my attorney for child custody and also parental rights and knew this to be a lie but the court denied my daughter the right to bring forth to the court anything in her defense and now has awarded the children to the father.
I have watch this judge allow just complete hear say and statements made by the father to make a drastic change of my grandchildrens daily living even when the court appoint lit em stated the children should remain with the mother.
I found it horrible that this is happening more and more on a daily bases of a judge taking the law into his own hands and clearly NOT" up holding the law of the land.
It is extremely hard to complain or get anyone to even listen when you file such happenings and this father is known and still does allow known drug uses in his home and has played to the court as if he is a saint and no where have I seen the court act to the best interest of the children.
Like how does this parent live? How after never having the children full time does he fit as a parent to have children full time? meaning I have witnessed him mhitting my grandson in the head, the children have reported many times to all family members that "daddy" killed a deer while they were there and that he shot a gun in the cab of his truck and how it hurt their ears, how the my grandson reported that the grand daughter would not keep her ear plugs in.
These reports from children go unheard and this judge for whatever "personal" reason he may have certainly has failed to up hold the law od the land and most certainly denied not just my daughter her rights but the rights of grandchildren to be in the home that is best for them.
It is horrible that these actions continue to happen, and abuse is abundant in our nation, yet a minor child best interest were before the "justice system" and yet the before the age of 4 the justice system failed to up hold their rights, then they ask what happened to our nation, and all the wrong doings the younger generation is doing, yet never looking to the justice system and certainly not doing anything about such process or actions that could have been prevented but was not all because a judge thinks he holds the right to state it is his court room, he makes all the changes as he feels that is needed, but where did the attorney he was or the judge he is now practice, child developement? socialogy? anything that has or gives him the right to take such matters into his own hands and dismiss the rights and the laws of the lands because he is a judge?
Kansas is a state on the map when I last looked and it has statues and it has laws and it states all' people will be treated fairly and the court will up hold all' peoples rights, but even when a written statment was given to the court of witnessing the fathers girl friend shooting up meth, NOTHING has been done by this judge not even when it is his duty to notify child protective services, nor has he notified the Kansas Disiplinary Administrator for the actions of the opposing attorney filing false statements.
Just who is over seeing the judges?
If any one has any angles we can go to and at least try please let me know!
As a grandparent my right from the father now to see my grand children has been stopped now to, i have been very active in there lives from the day they were born and yet the court has done what they have done.
What is justice anymore? Does it mean nothing to any judge?
Sincerely
Ronna Crosby
913-961-6239

[king]

I do not think a child should bear the responsibility of deciding where he or she should live! they will opt for the parent who expects the least from them, promises the most fun, and usually has the least ability to provide a stable environment.

[Erin Whitlow]

I think that children should be able to choose who they live with and when they see the uncustodial parent.