What are the Kansas Child Custody Laws?
When two people with a child get a divorce in the state of Kansas, they are expected to work out the various intricacies with regards to child custody themselves. However, if they are unable to do it, or have too many disagreements in order to reach a mutual conclusion, then it becomes the job of the court or a judge of the state to help them work through their issues together and reach a consensus which is in tandem to both the parties, as well as keeps the best interests of the child at heart. According to child custody laws, custody which is awarded on the basis of the ruling of the court is known as legal custody.
Legal custody is referred to the right of the parent or the guardian of the child to make various decisions about their present and their future, including their educational, religious, medical, custodial, or residential affairs.
Legal Custody in the State of Kansas
In the state of Kansas, child custody laws prefer that both the parents are allowed to keep legal and joint custody of the child. This is done so that the best interests of the child are not hurt- if the child wants that both the parents be involved in their upbringing, then the parents have no right to refuse. However, this child custody law comes attached with many clauses. These clauses include the following:
- The parents’ wishes regarding with whom the child should stay, and who should have sole custody of the child. If both the parents decide that one should have sole custody, the court will have to listen to their wishes.
- The child custody laws in Kansas state that the child has the supreme advantage in states where they want to stay, and with which parent.
- The court gives a severe look into the relationship which is shared by the child with both the parents. If it is found that one parent is closer to the child and seems to understand the needs of the child more, then child custody is automatically handed over to that parent.
- The behavior and the involvement of the child are also looked into seriously. According to child custody laws in Kansas, if the child is found to be happier in one environment with one parent, group of friends and community, then the custody of the child is automatically given to that parent.
- According to child custody laws, if a parent is seen by the court to be more co-operative than the other, and is willing to adjust with the other parent despite their differences just for the sake of the child, then custody is immediately given to that parent, as it is assumed that the parent will know best about always catering to the best interests of the child.
Kansas child custody laws will always give much more preference to the mother automatically, as compared to the father. However, if the mother is proven to be abusive to the child, either physically, mentally or emotionally, then the child is automatically taken from her and entrusted to the care of the father.
In addition to this, if a parent has a history of sexual assault, and has served jail time because of it, then they will be deemed automatically dangerous for the well- being and the safety of the child. Furthermore, the child custody law also states that if the mother or father are themselves not sexual predators, but are found to be dating or living with a person who has been convicted of this crime, then also they will lose the custody battle.