On behalf of Stange Law Firm, PC posted in fathers’ rights on Monday, January 7, 2019.
The general assumption is that when you go into child custody proceedings as a father, the deck is already stacked against. Countless men come to us here at the Stange Law Firm with this same fear, and it does seem justified. Statistics typically show that a majority of parents awarded primary custody are women. Yet you should know that (at least not in Kansas) this is not a legal precedent, and that as a father, you are entitled to as much authority over the raising of your children as your ex-wife.
Kansas state law confirms this. Section 23-3204 of the state’s Family Law Code confirms that there is no presumption that it is in the best interest of children to have sole custody awarded to their mother. This fact is particularly relevant in the establishment of your parenting plan. The law states that the minimum requirements of the plan are to be:
- Establishing the legal custodial relationship of your children
- Creating an appropriate parenting time schedule
- Designating a process through which disputes between the two of you are to be resolved without the need for judicial intervention
- If one of you is a service member, creating an amendment to the plan that accommodates yours or your ex-wife’s military obligations
Knowing that your wife holds no presumption of preference in the eyes of the court should empower you to fight for a parenting plan that it equitable. However, do not let the same empowerment to push you to “go for broke” with your demands. The law allows the court to create your plan if you and your ex-wife cannot agree.
More information on understanding your rights as a father can be found throughout our site.