Get KS Custody Order for Non-Parental Residency 2016-2024

Generally, however, judges will always hear from children aged 12 and older. For younger children, courts may speak with children to determine their maturity before factoring the child's preference into the custody decision.

In some states, children have the right to choose which parent to live with once they have reached a certain age. While child custody laws in Kansas do allow courts to take a child's wishes into account, the judicial standard dictating child custody decisions is the best interest of the child.

Generally, however, judges will always hear from children aged 12 and older. For younger children, courts may speak with children to determine their maturity before factoring the child's preference into the custody decision.

Generally, however, it's incumbent upon the judge to decide whether a child is mature enough to have a reasonable opinion. A precocious 10-year-old might be permitted to voice her preference, while a learning-disabled 14-year-old might not be.

Kansas courts prefer to award joint legal custody to both parents, unless it is in the best interests of the child to award sole legal custody to only one parent. In Kansas, a judge, not a jury, decides how to divide legal custody and residency of the child based on what is in the best interests of the child.

A judge might not honor a 14-year-old's wishes, but will almost always accommodate a 17-year-old. An 18-year-old can usually make her own decision without court approval, even if she is still in high school, if her state's age of majority is 18.

The fact is until the child is 18, the only individuals who can determine custody are the child's parents, and if the parents can't decide, a judge will.

A child is legally a minor until he/she turns 18. While a child may express strong views about who they want to live with, those views are just one of a number of factors to be taken into account by the court when deciding who he/she will live with.

At the age of fourteen (14), children are free to choose which parent to live with.

Deciding Where a Child Lives You can allow your child to make this decision for themselves. This is your choice as a parent; there's no set age that determines when a child is allowed to say where he/she wants to live. However, a child is not legally entitled to choose who to live with until the age of 16.

Shared vs. Residential Custody. ... Legal custody refers only to major decision-making, and physical custody refers to the parent with whom a child lives. A parent with sole physical custody is sometimes referred to as the residential or custodial parent; this is the parent with residential custody.

Sole legal custody means one parent is solely responsible for making decisions about a child's life. This may be a better option for a parent who made most of the major and day-to-day decisions in marriage. ... Joint physical custody allows for both parents to have maximum involvement in the lives of their children.

The term "custody" refers to the legal and physical custody of a child. Legal custody is the authority to make decisions for and about a child. Sole legal custody (also called sole parental responsibility) is when one parent has full responsibility to make major decisions for the child.

The Pros and Cons of Getting Sole Legal Custody of a Child A parent who has sole legal custody is the only person who has the legal authority to make major decisions on behalf of his or her child. These types of decisions include education, religion, and healthcare.

To win sole physical and legal custody, you must show the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child; stability of the home life you provide; inability of the father to meet the child's needs; father's lack of involvement in ...