Does a Parent With Joint Custody Need to Have a Step-Parent Supervise the Child When Unavailable?

Full question:

In a joint custody situation (Kansas) is the child required to be with the other parents spouse (step-mom) if the father is not there to care for the child?

• Category: Divorce
• Subcategory: Child Custody
• Date: 04/07/2025
• State: Kansas

Answer:

As long as adequate supervision is provided for the child, a step-parent isn't required to supervise a child unless those terms are included in the parenting plan.

Please see the following KS statutes:

60-1623. Parenting plan; definitions.

(a) "Temporary parenting plan" means an agreement or order issued
defining the legal custody, residency and parenting time to be exercised by
parents with regard to a child between the time of filing of a matter in
which a parenting plan may be entered, and any other provisions regarding
the child's care which may be in the best interest of the child, until a
final order is issued.

(b) "Permanent parenting plan" means an agreement between parents which
is incorporated into an order at a final hearing or an order or decree
issued at a final hearing without agreement that establishes legal custody,
residency, parenting time and other matters regarding a child custody
arrangement in a matter in which a parenting plan may be entered.

(c) "Legal custody" means the allocation of parenting responsibilities
between parents, or any person acting as a parent, including decision
making rights and responsibilities pertaining to matters of child health,
education and welfare.

60-1625. Same; permanent; objectives; general outline, provisions.

(a) The objectives of the permanent parenting plan are to:

(1) Establish a proper allocation of parental rights and
responsibilities;

(2) establish an appropriate working relationship between the parents
such that matters regarding the health, education and welfare of their
child is best determined;

(3) provide for the child's physical care;

(4) set forth an appropriate schedule of parenting time;

(5) maintain the child's emotional stability;

(6) provide for the child's changing needs as the child grows and matures
in a way that minimizes the need for future modifications to the permanent
parenting plan;

(7) minimize the child's exposure to harmful parental conflict;

(8) encourage the parents, where appropriate, to meet their
responsibilities to their minor children through agreements in the
permanent parenting plan, rather than by relying on judicial
intervention; and

(9) otherwise protect the best interests of the child.

(b) A permanent parenting plan may consist of a general outline of how
parental responsibilities and parenting time will be shared and may allow
the parents to develop a more detailed agreement on an informal basis;
however, a permanent parenting plan must set forth the following minimum
provisions:

(1) Designation of the legal custodial relationship of the child;

(2) a schedule for the child's time with each parent, when appropriate;

(3) a provision for a procedure by which disputes between the parents may
be resolved without need for court intervention; and

(4) if either parent is a service member, as defined in K.S.A. 2008 Supp.
60-1630, and amendments thereto, provisions for custody and parenting time
upon military deployment, mobilization, temporary duty or unaccompanied
tour of such service member.

(c) A detailed permanent parenting plan shall include those provisions
required by subsection (b), and may include, but need not be limited to,
provisions relating to:

(1) Residential schedule;

(2) holiday, birthday and vacation planning;

(3) weekends, including holidays and school inservice days preceding or
following weekends;

(4) allocation of parental rights and responsibilities regarding matters
pertaining to the child's health, education and welfare;

(5) sharing of and access to information regarding the child;

(6) relocation of parents;

(7) telephone access;

(8) transportation; and

(9) methods for resolving disputes.

(d) The court shall develop a permanent parenting plan, which may include
such detailed provisions as the court deems appropriate, when:

(1) So requested by either parent; or

(2) the parent or parents are unable to develop a parenting plan.

Section 1. K.S.A. 2008 Supp. 38-2202 is hereby amended to read as
follows: 38-2202. As used in the revised Kansas code for care of
children, unless the context otherwise indicates:

(a) "Abandon" or "abandonment" means to forsake, desert or, without
making appropriate provision for substitute care, cease providing care
for the child.

(b) "Adult correction facility" means any public or private facility,
secure or nonsecure, which is used for the lawful custody of accused or
convicted adult criminal offenders.

(c) "Aggravated circumstances" means the abandonment, torture, chronic
abuse, sexual abuse or chronic, life threatening neglect of a child.

(d) "Child in need of care" means a person less than 18 years of age at
the time of filing of the petition or issuance of an ex parte protective
custody order pursuant to K.S.A. 2008 Supp. 38-2242, and amendments
thereto, who:

(1) Is without adequate parental care, control or subsistence and the
condition is not due solely to the lack of financial means of the child's
parents or other custodian;

(2) is without the care or control necessary for the child's physical,
mental or emotional health;

(3) has been physically, mentally or emotionally abused or neglected or
sexually abused;

(4) has been placed for care or adoption in violation of law;

(5) has been abandoned or does not have a known living parent;

(6) is not attending school as required by K.S.A. 72-977 or 72-1111, and
amendments thereto;

(7) except in the case of a violation of K.S.A. 21-4204a, 41-727,
subsection (j) of K.S.A. 74-8810 or subsection (m) or (n) of K.S.A.
79-3321, and amendments thereto, or, except as provided in paragraph
(12), does an act which, when committed by a person under 18 years of
age, is prohibited by state law, city ordinance or county resolution but
which is not prohibited when done by an adult;

(8) while less than 10 years of age, commits any act which if done by
an adult would constitute the commission of a felony or misdemeanor as
defined by K.S.A. 21-3105, and amendments thereto;

(9) is willfully and voluntarily absent from the child's home without the
consent of the child's parent or other custodian;

(10) is willfully and voluntarily absent at least a second time from a
court ordered or designated placement, or a placement pursuant to court
order, if the absence is without the consent of the person with whom the
child is placed or, if the child is placed in a facility, without the
consent of the person in charge of such facility or such person's
designee;

(11) has been residing in the same residence with a sibling or another
person under 18 years of age, who has been physically, mentally or
emotionally abused or neglected, or sexually abused;

(12) while less than 10 years of age commits the offense defined in
K.S.A. 21-4204a, and amendments thereto; or

(13) has had a permanent custodian appointed and the permanent custodian
is no longer able or willing to serve.

(e) "Citizen review board" is a group of community volunteers appointed
by the court and whose duties are prescribed by K.S.A. 2008 Supp. 38-2207
and 38-2208, and amendments thereto.

(f) "Court-appointed special advocate" means a responsible adult other
than an attorney guardian ad litem who is appointed by the court to
represent the best interests of a child, as provided in K.S.A. 2008
Supp. 38-2206, and amendments thereto, in a proceeding pursuant to this
code.

(g) "Custody" whether temporary, protective or legal, means the status
created by court order or statute which vests in a custodian, whether an
individual or an agency, the right to physical possession of the child
and the right to determine placement of the child, subject to
restrictions placed by the court.

(h) "Extended out of home placement" means a child has been in the
custody of the secretary and placed with neither parent for 15 of the
most recent 22 months beginning 60 days after the date at which a child
in the custody of the secretary was removed from the home.

(i) "Educational institution" means all schools at the elementary and
secondary levels.

(j) "Educator" means any administrator, teacher or other professional
or paraprofessional employee of an educational institution who has
exposure to a pupil specified in subsection (a) of K.S.A. 72-89b03, and
amendments thereto.

(k) "Harm" means physical or psychological injury or damage.

(l) "Interested party" means the grandparent of the child, a person
with whom the child has been living for a significant period of time when
the child in need of care petition is filed, and any person made an
interested party by the court pursuant to K.S.A. 2008 Supp. 38-2241, and
amendments thereto or Indian tribe seeking to intervene that is not a
party.

(m) "Jail" means:

(1) An adult jail or lockup; or

(2) a facility in the same building or on the same grounds as an adult
jail or lockup, unless the facility meets all applicable standards and
licensure requirements under law and there is: (A) Total separation of
the juvenile and adult facility spatial areas such that there could be no
haphazard or accidental contact between juvenile and adult residents in
the respective facilities; (B) total separation in all juvenile and adult
program activities within the facilities, including recreation,
education, counseling, health care, dining, sleeping and general living
activities; and (C) separate juvenile and adult staff, including
management, security staff and direct care staff such as recreational,
educational and counseling.

(n) "Juvenile detention facility" means any secure public or private
facility used for the lawful custody of accused or adjudicated juvenile
offenders which must not be a jail.

(o) "Juvenile intake and assessment worker" means a responsible adult
authorized to perform intake and assessment services as part of the
intake and assessment system established pursuant to K.S.A. 75-7023, and
amendments thereto.

(p) "Kinship care" means the placement of a child in the home of the
child's relative or in the home of another adult with whom the child or the
child's parent already has a close emotional attachment.

(q) "Law enforcement officer" means any person who by virtue of office
or public employment is vested by law with a duty to maintain public
order or to make arrests for crimes, whether that duty extends to all
crimes or is limited to specific crimes.

(r) "Multidisciplinary team" means a group of persons, appointed by the
court under K.S.A. 2008 Supp. 38-2228, and amendments thereto, which has
knowledge of the circumstances of a child in need of care.

(s) "Neglect" means acts or omissions by a parent, guardian or person
responsible for the care of a child resulting in harm to a child, or
presenting a likelihood of harm, and the acts or omissions are not due
solely to the lack of financial means of the child's parents or other
custodian. Neglect may include, but shall not be limited to:

(1) Failure to provide the child with food, clothing or shelter necessary
to sustain the life or health of the child;

(2) failure to provide adequate supervision of a child or to remove a
child from a situation which requires judgment or actions beyond the
child's level of maturity, physical condition or mental abilities and
that results in bodily injury or a likelihood of harm to the child; or

(3) failure to use resources available to treat a diagnosed medical
condition if such treatment will make a child substantially more
comfortable, reduce pain and suffering, or correct or substantially
diminish a crippling condition from worsening. A parent legitimately
practicing religious beliefs who does not provide specified medical
treatment for a child because of religious beliefs shall not for that
reason be considered a negligent parent; however, this exception shall
not preclude a court from entering an order pursuant to subsection (a)(2)
of K.S.A. 2008 Supp. 38-2217, and amendments thereto.

(t) "Parent" when used in relation to a child or children, includes a
guardian and every person who is by law liable to maintain, care for or
support the child.

(u) "Party" means the state, the petitioner, the child, any parent of the
child and an Indian child's tribe intervening pursuant to the Indian child
welfare act.

(v) "Permanency goal" means the outcome of the permanency planning
process which may be reintegration, adoption, appointment of a permanent
custodian or another planned permanent living arrangement.

(w) "Permanent custodian" means a judicially approved permanent guardian
of a child pursuant to K.S.A. 2008 Supp. 38-2272, and amendments thereto.

(x) "Physical, mental or emotional abuse" means the infliction of
physical, mental or emotional harm or the causing of a deterioration of a
child and may include, but shall not be limited to, maltreatment or
exploiting a child to the extent that the child's health or emotional
wellbeing is endangered.

(y) "Placement" means the designation by the individual or agency having
custody of where and with whom the child will live.

(z) "Relative" means a person related by blood, marriage or adoption
but, when referring to a relative of a child's parent, does not include
the child's other parent.

(aa) "Secretary" means the secretary of social and rehabilitation
services or the secretary's designee.

(bb) "Secure facility" means a facility which is operated or structured
so as to ensure that all entrances and exits from the facility are under
the exclusive control of the staff of the facility, whether or not the
person being detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences or
physical restraint in order to control behavior of its residents. No
secure facility shall be in a city or county jail.

(cc) "Sexual abuse" means any contact or interaction with a child in
which the child is being used for the sexual stimulation of the
perpetrator, the child or another person. Sexual abuse shall include
allowing, permitting or encouraging a child to engage in prostitution or
to be photographed, filmed or depicted in pornographic material.

(dd) "Shelter facility" means any public or private facility or home
other than a juvenile detention facility that may be used in accordance
with this code for the purpose of providing either temporary placement
for children in need of care prior to the issuance of a dispositional
order or longer term care under a dispositional order.

(ee) "Transition plan" means, when used in relation to a youth in the
custody of the secretary, an individualized strategy for the provision of
medical, mental health, education, employment and housing supports as
needed for the adult and, if applicable, for any minor child of the
adult, to live independently and specifically provides for the supports
and any services for which an adult with a disability is eligible
including, but not limited to, funding for home and community based
services waivers.

(ee)(ff) "Youth residential facility" means any home, foster home or
structure which provides 24-hour-a-day care for children and which is
licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
Annotated, and amendments thereto.