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:
- State: Kansas
Answer:
To decide what state will hear a custody dispute, Kansas statutes state that the dispute will be heard in the state where you child lived for six months prior to the filing of the petition. That state is known as your child’s "home state." However, there might be other rules that apply in your case, especially if your child does not have a "home state" or if one or both parents have moved away from the state with initial jurisdiction. Kansas Statute section 38-1337
In Kansas, joint custody is preferred and implies that both parents will share in making major decisions regarding raising the children. Typically the children will reside with one parent primarily and spend time with the other parent on some weekends and overnights. Joint custody does not pertain to the physical residence of the children.
Shared physical custody means that the children live with each parent equally and to be successful requires extreme cooperativeness and that the parents live in close proximity to each other.
When deciding what type of residential custody to award, the judge will use his/her discretion to do what is the best interests of the children. The statutes in Kansas list the following factors, among others: the child's adjustment to home, school and community; the wishes of the parents and the child; which parent will most cooperate in helping the child maintain a relationship with the other parent; and evidence of spousal abuse. Neither the mother nor the father is preferred because of sex. Each case is reviewed on its own facts according to child's best interests. If the child is a teenager, the judge may be willing to consider the child's wishes as to residence and the child's reasons. There is no specific age when a child gets to decide where they live, but generally, the older the child, the more weight that child's desires are given by the court.
Typically the non-residential custodial parent pays the other child support according to specific guidelines established by the Kansas Supreme Court.
If the parents can agree to the type of custody that fits their circumstances, they can present their agreement to the judge for approval. If necessary, many Kansas counties offer mediation to facilitate custody agreements.
The parent who is not the residential custodian is entitle to visitation. The judge may order reasonalbe visitation leaving it to the parties to work out the details or the judge may spell it all out in detail.
Similarly in Missouri, you can begin custody proceedings by filing a Petition for Child Custody and a Parenting Plan with the 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.
