Category Archives: Child Custody

Effects of Your Health and Child Custody in Kansas

If you have not read about the North Carolina case wherein a mother with Stage IV breast cancer lost custody of her kids, please read it.  I am shocked by this outcome, however, I do know and understand that each and every child custody case is very fact specific.  According to the Court’s ruling, cancer [...]

You can’t make your spouse (or soon be be ex-spouse) a better parent

Harsh words? Maybe.  Reality? Yes.
I actually heard the Judge tell a soon to be ex-wife these words last week in the courtroom.  She was complaining that she has no free time, that he hasn’t had the kids overnight for over a year, etc, etc.  The Judge, very clearly and calmly explained that he has no [...]

Telling the Kids About your Kansas Divorce

It may be hard to tell your spouse you want a divorce, but when it comes to telling the children, this is the most difficult task for a majority of my clients. In a perfect world, you and your spouse would sit down with the children together, advise them that Mom and Dad are [...]

A Guardian ad Litem’s Role in Your Kansas Divorce or Child Custody Case

I realized that I have referred to Guardian ad Litem’s in several articles, but have not fully explained what a Guardian ad Litem (GAL) is, or what their role is in a divorce or child custody case.   A Guardian ad Litem is the child’s representative in court when custody is at issue.   You can either request [...]

Kansas Divorce and Religion

A man in Chicago is facing 6 months of jail time for getting his daughter baptized.  What??  Well, of course, it is not that simple, but what you must know is this:  The parents of the minor child are currently involved in a divorce, and there is a 30 day Temporary Restraining Order restricting Dad [...]

Making Medical Decisions About Your Child with Your Ex-Spouse

In Kansas, most parents are awarded joint custody.  In joint custody situations, medical decisions must be made jointly between Mom and Dad, absent an emergency.  Emergency is not defined by most agreements, however, Merriam-Websters Dictionary defines it as: the state that calls for immediate action.  The situation regarding medical decisions can become very tricky when [...]

Joint Custody and Educational Decisions

As mentioned previously, Kansas prefers joint custody parenting arrangements.  Many clients do not understand exactly what decisions encompass joint custody.   Joint custody ONLY refers to the decision making, NOT the residential custody of the children.  Joint custody refers to the decision making with respect to the major decisions affecting the child, including but not limited [...]

Kansas Child Custody Evaluations

A child custody evaluation may be necessary when the parties are arguing over child custody and mediation has not worked.  There is a relatively new program founded in February 2008 in Johnson County called the Layne Project, Inc., that is children focused and uses a team approach to evaluate the custody issue(s).  The team consists [...]

Restrictions in Your Kansas Parenting Plan

There are several common restrictions/limitations placed upon both parents in your parenting plan.  All of these are not always included, however, I mention them for the simple fact that some things are not worth fighting over.   Some of the most common are:
1.  Notification of Intent to Change Child’s Residence:  KSA 60-1620 requires that the [...]

Kansas Parenting Plans and Holidays

The agreement over a parenting plan can be one of the most stressful issues during a divorce.  The idea for Mom or Dad to not see their children on Christmas or their birthday can be horrifying.  One thing to keep in mind is that the family traditions you recognized as a family are most likely [...]