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!