Understanding Sole vs. Joint Custody in Kansas

Regardless of what led to the end of their relationship, parents of minor children should try to cooperate in order to establish mutually acceptable custody arrangements. This can often be the most contentious and emotional aspect of a divorce or separation. Kansas law mandates that a parenting plan address both legal custody (authority to make key decisions regrading the child) and physical custody (where the child will reside).

Both legal and physical custody can be conferred on a sole or joint basis. Unlike some states that have a legal presumption favoring 50/50 custody arrangements, Kansas parenting plans are based fully on the specific circumstances. Still, there are many situations where shared custody is considered to be in the best interests of the child.

This is particularly true in legal custody determinations. Granting decision-making power jointly means that both parents can contribute to choices involving their child’s medical care, education, religious upbringing and legal rights. Even if sole physical custody is granted, joint legal custody might be ordered in a framework that requires parents to communicate when important decisions must be made. Some mechanism could be included in the order setting forth what happens if parents are deadlocked on a critical issue. Two ways to resolve these conflicts are arbitration and alternating between who has final say.

Sole legal custody provides exclusive control to one parent. This might occur if a father or mother has a history of domestic misconduct, mental illness or a substance abuse problem that could affect their ability to make responsible decisions. If you are considering seeking sole legal custody over your co-parent’s objection, it is important to speak with your attorney about whether a court might grant your request. 

Even when both parents have healthy relationships with each other and their children, a judge might order primary physical custody, also referred to as “primary residency,” to one parent, while giving the other substantial visitation rights. This can make things simpler for school enrollment and extracurricular activities if the parents live some distance apart. Joint child custody, or “shared residency” is possible if both parents can provide supportive environments and the residences are in close proximity. It is important to remember that even shared residency does not necessarily mean that a son or daughter will spent equal amounts of time in each parent’s home. If a parenting time plan cannot be negotiated, Kansas courts will tailor schedules to promote stability, minimize disruption to schooling and reflect the child’s age and needs.  

The Henry Law Firm P.A. in Overland Park works closely with Kansas parents to secure the best possible arrangements for legal and physical custody. For an appointment to discuss your situation and priorities, please call 913-381-5020 or contact us online.