By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 04, 2023
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Parents must come to an agreement on child custody when they separate. These arrangements include how they will make major decisions regarding their child moving forward (referred to as "legal custody") and how they will share time with the child (referred to as "parenting time," "timesharing," or "physical custody," depending on the state). If parents are unable to come to an agreement, courts will decide the best course of action based on state child custody laws.
This article provides a brief overview of child custody laws in the state of Kansas.
State child custody laws can vary depending on where you live, although many, like Kansas, have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. The Act is a federal law that requires each state to honor and enforce child custody rulings made by courts in other states. Kansas law also protects joint custody for parents and visitation rights for grandparents. And in many child custody proceedings, courts will consider the wishes of the child before making custody determinations.
The details of Kansas's child custody statutes are listed below.
Code Section |
§ 223-37.101 et seq. of the Kansas Statutes |
|---|---|
Year Uniform Child Custody Jurisdiction and Enforcement Act Adopted |
2000 |
Joint Custody an Option? |
Yes |
Grandparent Visitation Rights Recognized? |
Yes |
Child's Own Wishes Considered? |
Yes |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If separating parents are able to come up with their own custody arrangement, child custody courts will generally honor their agreements. However, if they cannot agree, the court may have to decide on any contested custody issues in a hearing. In nearly every child custody hearing, the primary concern for the court in creating a custody arrangement will be the child's best interests. Family courts in Kansas have the ability to consider all relevant factors to the child's best interests, safety, and well-being.
Some of these factors will focus on the child, like the child's own wishes and the general interest in maintaining consistency and continuity in his or her family life, community, and education. Other factors will focus on the parents, like which parent is more able to take care of the child's daily physical, emotional, and educational needs while maintaining a loving, stable, and nurturing relationship with the child.
Sorting out child custody issues can be emotionally and legally difficult. You can visit FindLaw's section on Child Custody for additional articles and information on this topic. You can also consult with a Kansas family law attorney in your area if you would like legal assistance regarding a child custody matter.
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