Full Answer
To seek custody of your child, you will need to bring an action in Kansas district court. If the action is contested, then you will need to prepare for a trial. Custody suits can be stressful and emotional, but the process is relatively straightforward.
Contact the court clerk. The very first thing you need to do is contact your local family court and ask the clerk how you can obtain the papers you will need in order to file for child custody without a lawyer.
In rare circumstances, a Kansas court may temporarily award custody to a non-parent, such as a grandparent. If you and the other parent cannot come to an agreement regarding custody and child support issues on your own, the judge will make a decision based on the best interests of your child.
How to get full custody of a child can be tough in a lot of situations because most judges undoubtedly prefer joint custody arrangements. A judge will likely prefer both parents to be involved in raising a child.
To award sole legal custody to a parent, the judge must find that it is not in the child's best interests for both parents to have equal rights in making decisions about the child. The court record must include specific findings of fact supporting the decision to award sole legal custody.
between $200 and $300Pay the filing fee or apply for a waiver. The filing fee for divorce and parentage actions varies among courts, but typically is between $200 and $300.
In Kansas, when a child is born to an unwed mother, the mother has sole custodianship. However, as the biological father, you have the right to seek child custody or visitation. As with all child custody decisions, the court will seek to promote the best interest of the child.
Sole custody means that one parent makes all the major decisions regarding the child's upbringing and the child lives with that parent. The other parent may have specified visitation rights. Sole custody occurs when one parent is not involved, i.e., prison, or suffers from mental incapacity.
Mental and Physical Well-Being of Parents Parents' mental well-being is of great concern to a judge in a child custody case. Psychological disorders, overwhelming stress, drug or alcohol abuse, and mental health crises can prevent a parent from acting in their child's best interests.
Factors Considered for Granting Full Custody A parent looking to win full custody should be prepared to state clear reasons why joint custody would not serve the child's best interests, such as if the other parent has issues with substance misuse or a history of leaving the child home alone for extended periods.
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
Kansas statutes require that any parent with either residency or parenting time with a child give the other parent not less than thirty days notice of any move.
Even if you're on the child's birth certificate, your rights are limited. Unmarried fathers, for example, have zero enforceable custody rights, unlike the mother. They also can't apply for child support as a direct knock-on effect.
The judge will consider a child's preference whenever the child is of sufficient age, maturity, and understanding. However, there's no specific age when a child can choose to live with one parent over the other.
Involuntary relinquishment: The natural parent's rights may be terminated on several grounds, such as abandonment without financial or emotional support for six months.
Statutes: Kansas (a) Interference with parental custody is taking or enticing away any child under the age of 16 years with the intent to detain or conceal such child from the child's parent, guardian or other person having the lawful charge of such child.