Updated February 27, 2024
A Kansas custody agreement is a parenting plan that legally defines custody, residence arrangements, and visitation rights for the child or children of two biological or legal custodial parents. Custody encompasses each parent’s rights and responsibilities regarding the child(ren)’s education, health, and welfare. This agreement is for use by parents who are legally separated or in the process of divorcing.
Child Custody Factors
The Kansas court considers the following factors when determining the best interest of children involved in custody disputes (§ 23-3203):
- Child(ren)’s age(s);
- Child(ren)’s emotional and physical needs;
- Child(ren)’s relationship(s) with other children in the homes;
- Child(ren)’s personal preferences (as maturity allows);
- Each parent’s ability to cooperate and communicate effectively to manage their parental responsibilities;
- Each parent’s ability to respect and support each other’s relationships with the child(ren);
- Each parent’s individual roles/involvement with the child(ren) before and after their formal separation;
- Evidence or history of domestic abuse;
- The proximity of the parents’ residences and places of work to the child(ren)’s school(s);
- Whether either parent has been convicted of child abuse per K.S.A. 21-3609 (before its appeal) or K.S.A. 2021 Supp. 21-5602, or resides with another individual convicted of child abuse under the same act; and
- Whether either parent is a registered offender under K.S.A. 22-4901 et seq. or resides with another individual registered under the same act.
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How to File for Custody in Kansas
1. Agree on a Parenting Plan
One or both parents must create a potential parenting plan (custody agreement) to submit to the court for review. The parent(s) must draft the plan with the child’s best interests at the top of their mind.[1]
2. Calculate Child Support
Kansas courts use the guidelines set forth in the Kansas Child Support Guidelines to determine the amount of child support for each case.[2] Complete the Child Support Worksheet and use the Child Support Schedules to estimate how much child support will be ordered by the court.
3. Submit Documents to the Court
A parent can file for custody in Kansas under petitions for a divorce, a protection order, or a “parentage” action (for a child born out of legal wedlock or attempts to establish paternity). Submit the parenting plan to the appropriate judge. Judges are more likely to approve a plan that includes the objectives[3] and is endorsed by both parents.
4. Pay Court Fees
Pay the appropriate fees and await judgment. Costs will vary by county.
5. Final Judgment
The court will either approve, modify, or deny the plan submitted by the parents. If it modifies or denies, it will state specific findings that made the original plan invalid or not working towards the child(ren)’s best interests. The court can dictate custody[4] (joint or sole), residency arrangements, and visitation schedules that it deems are in the child(ren)’s best interests.[5]
Custody Laws
- Child’s preference: § 23-3203(3)
- Emergency custody: § 23-37,204
- Parenting plan objectives: § 23-3213
- Parenting time for deployed military parents: § 23-3217
- Residential arrangements: § 23-3207, § 23-3222
- Third-party visitation: § 23-3301 et seq.
- Uniform Child Custody Act: §§ 23-37,101-405
- Visitation: § 23-3208
Related Forms
