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!