Parenting plans exist to determine the specifics of a child’s care and support when their parents are separating. Although a family’s life changes significantly after a divorce or separation, parental rights and responsibilities remain. Parents can craft a parenting plan together, negotiating the specifics of pick-ups and drop-offs and how disputes can be resolved. A Wichita child custody attorney can help parents navigate the negotiation or litigation of a parenting plan.
Even parents who want to work together can find it difficult when emotions are heightened. When each parent is supported by an attorney and/or has a mediator attorney, it can help discussions stay on track and limit arguments between parties.
Required Elements in Your Parenting Plan
Kansas family courts prefer that both parents are active participants in drafting and negotiating a parenting plan. The court would prefer parents work together, use a mediator, or use their attorneys prior to taking the situation to court.
It is also in your interests to negotiate a parenting plan outside of court. You understand your family’s schedule, needs, and abilities better than the court and can create a plan that fits those needs. These negotiations can also create a foundation for a co-parenting relationship that may be necessary.
A parenting plan must be in your child’s interest. There are some specifics required to be in a parenting plan in Kansas, including:
- Legal Custody: The plan should determine how you are going to make important decisions about your child’s education, healthcare, and religion, and whether you and your co-parent make these choices together.
- Residency: There should be a schedule for physical custody, which home a child will live in and when, and the amount of parenting time each parent has. It should also determine how parents will remain involved in the child’s life, and how holidays and other unique occasions are handled.
- Dispute Resolution: The plan should state how parents will work through their disagreements or disputes prior to taking the issues to court. There should also be methods to reduce conflict.
- Modifications: It should list circumstances that trigger the modification of the plan, including the changing needs of children and parents.
- Military Custody: If you or your co-parent are active military members, the plan should list how active duty will affect the parenting time and custody arrangement.
Additional Provisions to Include in a Parenting Plan
A parenting plan can also include numerous other specifics about caring for your child, such as:
- How you and your co-parent will exchange information about your child, such as notices or documents provided by a school or healthcare facility
- What to do in the event of the relocation of either parent
- Determining your and your co-parent’s financial responsibilities
- Outlining how a child is transported between homes, to and from school, and to and from other activities
The goal is to make the transition of separation as easy as possible for all parties, especially your child. When you and your co-parent have finalized an agreement, you can submit the potential parenting plan to the court. The family court will review the plan. If it is in the child’s interest, the court will likely approve it and submit it as a court order. The court may also modify the plan or ask you and your co-parent to make another.
If parents truly cannot resolve their disputes through any alternate method, litigation may be necessary. The court may attempt several other methods prior to this. When you are represented by an attorney, they can help you determine your options and the ideal way to protect you and your children’s interests.
FAQs
Q: What Is a Parenting Plan in Kansas?
A: A parenting plan is a document created by parents who are separating. It outlines their rights and responsibilities for custody of their child or children. It is submitted to the court for approval and then filed as a court order. A parenting plan discusses important things such as:
- Decisions about a child’s religion, education, and healthcare and how parents will continue to make these decisions
- Communication methods for parents
- Where a child will live and the parenting time schedules
Q: Is Kansas a 50/50 Custody State?
A: Kansas family courts often prefer 50/50 custody, but there is no legal presumption for this custody arrangement. Prior to taking a custody arrangement to court, parents can work together to find an arrangement that works for their family. This arrangement may be 50/50 or not, but there is a legal presumption that an agreement made by parents together is in the child’s interests. This can be overturned if evidence shows it is not in the child’s interest.
Q: Can You Modify a Parenting Plan Without Going to Court in Kansas?
A: In most situations, you cannot modify a parenting plan without going to court in Kansas. When parents agree on a modification to a parenting plan, they must submit this change to the court for approval. This is typically one hearing where the modification is accepted or rejected. If parents do not agree on modifications to a parenting plan, a petition must be filed with the court. The court will need to see additional evidence when parents do not agree.
Q: How Is Child Custody Determined in Kansas?
A: Child custody in Kansas is determined with the child’s best interests in mind. To determine what a child’s interests are for legal custody, residency, and parenting time, the court may consider:
- The child’s wishes, age, maturity, and emotional and physical needs
- Each parent’s wishes, involvement in their child’s life, and cooperation with their co-parent
- The connection of the child with their community, parents, siblings, other significant persons, school, and home
- Evidence of abuse by either parent
Defending the Rights and Interests of Parents and Their Children
The support and advice of an attorney are useful even when you and your co-parent are perfectly willing to work together. A skilled child custody attorney can help ensure elements in a parenting plan are in the child’s interest and likely to be approved by the court. Contact Stange Law Firm today for legal support in your child custody case.
