Parents who do not get physical custody of their children are entitled to visitation, or, as it’s known in several states, parenting time. Most courts operate under a rebuttable presumption that frequent, meaningful contact with both parents is in the best interest of the child. Therefore, a responsible, loving parent who cannot assume custodial responsibility can enjoy regularly scheduled visits without any special restrictions. Parents are typically allowed to work out their own visitation arrangements in a written parenting plan, which is subject to the court's approval.
It is extremely uncommon for a court to grant children full control over the decision of which parent they want to live with. Generally, an older child will be allowed to state their preferences, however. Some states specify an age in which the child's preference is considered. Other states allow the judge to determine the child's maturity level, and whether or not their opinion will be taken into consideration. The Henry Law Firm, located in Overland Park, can help you understand Kansas' child support laws, how custody is determined and work with you to pursue an agreement that is best for you and your child.
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Overland Park Office 9225 Indian Creek Parkway, Suite 1150 Overland Park, Kansas66210Phone: 913-381-5020 Fax: 913-627-9900