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Under Kansas law, when a parent has legal custody (meaning, the right to make important decisions about a child's life) or physical custody (the child lives with that parent some or all of the time), or when a parent has a right to parenting time (visitation), that parent can't just move away with the kids without the ...
To award sole legal custody to a parent, the judge must find that it is not in the child's best interests for both parents to have equal rights in making decisions about the child. The court record must include specific findings of fact supporting the decision to award sole legal custody.
It's a common misconception that older children can refuse visitation with a non-custodial parent. On the contrary, until the child turns 18, the custodial parent must follow the visitation order and send the child for visitation. The only exception is if the parent believes the child is in immediate danger.
The court may order the sole legal custody of a child with one of the parties when the court finds that it is not in the best interests of the child that both of the parties have equal rights to make decisions pertaining to the child.
Sole, joint, or divided? Judges can award either type of custody to one parent, both parents, or a combination. Joint legal custody means that both parents have an equal right to make decisions regarding the child's wellbeing. If parents can't agree on a particular issue, the court will decide for them.
The Kansas statute lists the following factors, among others: the child's adjustment to home, school and community; the wishes of the parents and the child; which parent will most cooperate in helping the child keep a bond with the other parent; and evidence of spousal abuse.
Sole custody means that one parent makes the major decisions about issues such as the child's education, religion and health care. Generally, the child would live primarily with this parent. This parent would now have sole decision-making responsibility and the majority of parenting time.
Involuntary relinquishment: The natural parent's rights may be terminated on several grounds, such as abandonment without financial or emotional support for six months.