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What can I do about custody and visitation with my daughter?

What can I do about custody and visitation with my daughter?

Full question:

my husband and i have been separated for 5 months but are not divorced yet. he has been living with his parents in Missouri and I've been living with mine in Kansas. we have a 6 year old daughter. he told me he was going to find a job in Wichita Kansas (where i live with my parents) and we were going to split custody of her. he has now taken a job in Kansas and i only get to see her on the weekends. i only agreed to her going to school in Missouri and staying with him during the week because he told me he would soon be finding a job and moving here. i don't want to move to Kansas because i have no family there and no support system but i feel as her mother that i need to see her more than on just weekends. what can i do?

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

Answer:

In custody disputes, the state where your child has lived for the past six months is typically where the case will be heard. This state is referred to as the child's "home state." Kansas law prefers joint custody, meaning both parents share decision-making responsibilities, although one parent usually has primary residence. Shared physical custody, where the child lives equally with both parents, requires close cooperation and proximity.

A judge will consider various factors when determining custody arrangements, including the child's adjustment to home and school, the wishes of the parents and the child, and which parent will best support the child's relationship with the other parent. The child's age may influence the judge's consideration of their preferences, although there is no specific age when a child can decide where to live.

If you and your husband can agree on custody terms, you can present this agreement to the court for approval. If not, mediation services may be available in many Kansas counties to help resolve custody issues. The non-residential parent is typically responsible for child support according to Kansas guidelines. If you wish to pursue custody changes, you can file a Petition for Child Custody and a Parenting Plan in your local court.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if a couple is separated but not divorced?

When a couple is separated but not divorced, they are still legally married. This means that both parties retain their legal rights and responsibilities towards each other, including financial obligations. Separation can involve living apart and making arrangements for child custody and support, but until a divorce is finalized, both spouses must agree on major decisions affecting their marriage and family.

Am I allowed to date if I'm separated?

Yes, you can date while separated, but it's important to consider the potential emotional impact on both you and your spouse. Dating during separation may complicate custody arrangements or divorce proceedings, especially if it affects the children. It's advisable to communicate openly with your spouse about your intentions and to consider how new relationships could influence your current situation.

How does a man feel after separation?

Feelings after separation can vary widely among men. Many may experience sadness, anger, or relief, depending on the circumstances of the separation. Some might struggle with feelings of loneliness or loss, especially if children are involved. It's important for anyone going through separation to seek support from friends, family, or professionals to help navigate their emotions.

Can you date if you are separated but not divorced?

Yes, you can date while separated but not divorced. However, it is essential to be mindful of how this may affect your relationship with your spouse and any children involved. Dating during this period can complicate custody discussions or legal proceedings, so clear communication and consideration of the implications are important.

Should you date while separated but not divorced?

Deciding to date while separated but not divorced is a personal choice. It can be beneficial for emotional support, but it may also complicate your separation or divorce process. Consider the potential effects on your children and your current relationship with your spouse before proceeding. Open communication with your spouse is advisable to avoid misunderstandings.

How to deal with being separated from a spouse?

Dealing with separation involves managing emotional challenges and practical arrangements. Seek support from friends, family, or a counselor to process your feelings. Establish clear communication regarding child custody and support. Focus on self-care and consider legal advice to understand your rights and responsibilities during this time. Creating a structured plan can help ease the transition.