Author: DN3designTeam

In some states, when a child reaches a certain age, he may choose with whom he resides. In the state of Kansas this is not the case. In Kansas, the Court is required to make parenting time and custody decisions consistent with the best interest of the child. Neither parent shall be considered to have a vested interest in the custody of a child against another (K.S.A. 23-3204), and a child does not get to decide.

Kansas statues provide many factors the Court shall consider in determining parenting time and custody, “…the desires of a child of sufficient age and maturity…” is only one of those factors. In essence, a child has a voice in Kansas custody proceeds, but is not afforded the choice. The more mature the child, the more weight his voice carries.

In many domestic courtrooms in the state of Kansas, a child’s presence in the courtroom is not only frowned upon but prohibited by local court rule. The Court may appoint a Guardian ad Litem to represent the best interest of a child, however, that comes at a financial cost to the parents. Without the assistance of a Guardian ad Litem, child interview, custody evaluation, or the like, the Court is often left to ascertain a child’s desires through the lens of the parents, which is subjective at best. If you or someone you know needs help with a custody situation, please contact us!

Once legal paternity is established, the Court is required to make child support orders (K.S.A.23-2215(c)). If both parents are parties to the action, they are required to enter orders of custody and parenting time (K.S.A. 23-2215(d)). A child has a legal right to receive support from both parents.

A parent, however, may consent to the adoption of a child by a third party or relinquish his/her rights to an agency. In the event a parent consents to the adoption of a child, his/her rights remain intact until the adoption is finalized. If a parent relinquishes his/her rights to a child to an agency, the agency must accept the relinquishment in writing and “…stand in loco parentis to the child and shall have and possess over the child all rights of a parent...”

If a parent could simply relinquish or sign over his/her rights, such would in essence deprive the child of the right to support. To be absolved of his/her parental responsibilities, a parent must be relieved of his/her rights through the finalization of an adoption or the acceptance of a relinquishment by an agency. If you or someone you know needs support deciphering paternity rights, please contact us!

Kansas statute provides if two parents have an agreed parenting plan “it shall be presumed the agreed parenting plan is in the best interest of the child” (K.S.A. 23-2215(d)). This presumption can be overruled.  The Court may not adopt a parent’s agreed parenting plan if the Court makes specific findings of fact as to why the parents’ plan is not in the best interest of the child.

I recently met with a Mother and Father who presented their agreement to the Court for approval. The Court denied their agreement and entered a parenting plan that both parents felt was contrary to their child’s best interest. Upon my review, Mother and Father’s “agreed plan” was in effect “no plan;” – they simply agreed to share parenting time.

The best predictor of whether or not a child will fare well through family separation is the duration and degree of parental conflict. A parenting plan that does not assist in reducing future conflict for a child runs the risk of not being approved by the Court. To protect the presumption that two parents know what is in the best interest of their child, parents should work together to proactively create a parenting plan that minimizes the opportunities for future conflict. If you or someone you know needs support deciphering parenting plans or the courts, please contact us!

To establish child custody and parenting time when a child is born outside of a marriage, a parentage action must be filed. Upon initial filing of the action, the Court may only enter immediate orders confirming the de facto custody arrangement. A “de facto” parent is a person who is the current or recent caretaker of a child and who has been found by the court to have assumed, on a day-to-day basis, the role of a parent to the child. In essence, a parent may leave a relationship with their minor child and file a paternity action confirming the child is with them, asking the Court to confirm the de facto custody. The parent will then need to serve the other parent notice of the paternity action. The unfortunate reality is in the interim of the Court being able to “hear” the matter, the child may go a significant amount of time without seeing a parent.

Once legal paternity is established, Kansas statute requires the Court to enter orders of parenting time and custody as the Court deems is in the best interest of the child. In doing so, the Court shall consider various factors to include but not limited to: each parent’s role and involvement before and after separation; desires of the child’s parents for custody; desires of the child; child’s age, child’s emotional and physical needs; relationship of the child with parents and others; child’s adjustment; willingness and ability of each parent to appreciate the bond between the child and the other parent; evidence of domestic violence; ability of the parents to communicate; the child and parent’s schedules; location of the parties’ residences and places of employment; location of the child’s school; and whether the parent or someone the parent is living with has been convicted of child abuse (K.S.A. 23-3203 (a) (1) –(18)). Neither parent shall be considered to have a vested interest in the custody of a child against another (K.S.A. 23-3204). However, getting to the point in the legal process where the Court determines these factors and makes custody and parenting time orders can take time.

Co-parents may choose to not marry, but failure to proactively establish parenting time and custody orders can result in devasting consequences for a child and parent alike. To ensure a child’s rights to both parents are protected, proactively filing a paternity action that establishes custody and parenting time orders is essential. If you or someone you know needs support deciphering custody, please contact us!

When a child is born to two parents who are not legally married, the father is not automatically recognized as being the child’s legal father at the time of birth. The child’s maternity is established by giving birth. In the state of Kansas, a father’s paternity must be evidenced by a legal finding of paternity through the District Court, or in the absence of a legal finding of paternity, by signing an acknowledgement of paternity form consistent with K.S.A. 2204(b). This form must include or have attached to it a written description of the rights and responsibilities of establishing paternity.

https://www.kdhe.ks.gov/DocumentCenter/View/19034/Paternity-Consent-Form-for-Birth-Registration-PDF

Being named the father on a child’s birth certificate presumes paternity (K.S.A. 2208(a)(4)). But this presumption may be rebutted by clear and convincing evidence, and by a court decree establishing paternity of the child by another man.

In Kansas, being named on a child’s birth certificate is not enough to establish legal custody and parenting time between a parent and child. A legal paternity action must be filed before custody and parenting time can be established. 

If you are presently sharing custody and parenting time with your child’s other parent, but do not have a legal paternity order in place, your child’s best interests are not being protected. To protect your child’s right to an uninterrupted relationship with both parents, a legal paternity action with custody and parenting time orders is essential. This does not have to be an adversarial process! Two parents can jointly agree to orders to ensure their child is afforded a safe opportunity to have an ongoing relationship with both of them. If you or someone you know needs help with this process, please contact us!