Kansas Divorce Law?
I’m 15, I live in Kansas, and my parents are divorced. I’m starting to gain a social life, and i want to make my own decisions about whos house im at on certain days to do things with my friends. My mother claims that if i want to be at a certain parents house, its my own discretion. Yet my father claims that untill I’m 18, I have no right to choose whose house im at when i want. Which of my parents is correct, or if neither is, what is the law, and what are its restrictions.
One Response
Sturm und Drang
23 Oct 2009
Child Custody: When minor children are involved in a divorce, the Kansas courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.
The court shall determine custody or residency of a child in accordance with the best interests of the child.
If the parties have entered into a parenting plan, it shall be presumed that the agreement is in the best interests of the child. This presumption may be overcome and the court may make a different order if the court makes specific findings of fact stating why the agreed parenting plan is not in the best interests of the child.
In determining the issue of child custody, residency and parenting time, the court shall consider all relevant factors, including but not limited to: (i) The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto; (ii) the desires of the child’s parents as to custody or residency; (iii) the desires of the child as to the child’s custody or residency; (iv) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child’s best interests; (v) the child’s adjustment to the child’s home, school and community; (vi) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent; and (vii) evidence of spousal abuse.
Neither parent shall be considered to have a vested interest in the custody or residency of any child as against the other parent, regardless of the age of the child, and there shall be no presumption that it is in the best interests of any infant or young child to give custody or residency to the mother. (Kansas Statutes – Chapter 60 – Article 16 – Subject: 1610)
I’m guessing that the court may ask you whom you’d prefer to live with the majority of the time and take that into consideration when the court decides custody.