ANSWERS: 1
  • I was unable to find anything specific to Kansas's family law besides the statutes from Kansas legislature (much further down the page). Most of KS's leg focused on the monetary terms of custody and not so much the modification of visitation. Some good news is that your daughter seems to be at an age where the court will listen to her and give her decision in the matter weight, as 12-14 seems to be the cutoff point for most states. Other good news is that if you and your former spouse can discuss the matter and come to an agreement, the court does not need to be brought into the matter, as seen below. The potential bad news is that, if she wants to submit a Motion to Modify (or if you need to do it for her), the court may require some evidence that the situation has change significantly from the time when the previous decision was made. More of this is under Changed Circumstances. I would highly recommend consulting a lawyer in your geographic area, which can be found at the following http://lawyers.findlaw.com/ (using "Family Law" as the practice area and your city as the location). I wish you luck, and apologize at the length of this post. MODIFICATION OF CUSTODY TERMS After a final decree of divorce is filed with a court, former spouses may agree to modify the custody or visitation terms. This modified agreement (also called a stipulated modification) may be made without court approval. If one person, however, later reneges on the agreement, the other person may not be able to enforce it unless the court has approved the modification. Thus, it is advisable in most situations to obtain court approval before relying on such agreements. Courts usually approve modification agreements unless it appears that they are not in the best interest of the child. If a parent wants to change an existing court order affecting custody or visitation and the other parent won't agree to the change, they must file a motion requesting a modification of the order from the court that issued it, usually on the ground of changed circumstances. (source Nolo Press http://www.nolo.com) CHANGED CIRCUMSTANCES When a party files a request for modification of custody or visitation, they must usually show that circumstances have changed substantially since the time of the previously issued order. This rule encourages stability of arrangements and helps prevent the court from becoming overburdened with frequent and repetitive modification requests. What follows are a couple of examples of change of circumstances: Change in lifestyle. Changes in custody or visitation orders may be obtained if substantial changes in a parent's lifestyle threaten or harm the child. If, for example, a custodial parent begins working at night and leaving a nine-year-old child alone, the other parent may request a change in custody. Similarly, if a noncustodial parent begins drinking heavily or taking drugs, the custodial parent may file a request for modification of the visitation order (asking, for example, that visits occur when the parent is sober, or in the presence of another adult). What constitutes a lifestyle sufficiently detrimental to warrant a change in custody or visitation rights varies tremendously depending on the state and the particular judge deciding the case. For instance, cohabitation by a parent may be ignored in one place, but not another. (source Nolo Press http://www.nolo.com) KANSAS LEGISLATURE The following are the Kansas legal statutes pertaining to modification of visitation (or parenting time). These were all taken from the Kansas State Capitol website at http://www.kslegislature.org/. 60-1616 (c) Modification. The court may modify an order granting or denying parenting time or visitation rights whenever modification would serve the best interests of the child. 60-1628 Chapter 60.--PROCEDURE, CIVILArticle 16.--DIVORCE ANDMAINTENANCE 60-1628. Modification of final order; specify factual allegations. (a) A party filing a motion to modify a final order pertaining to child custody or residential placement pursuant to K.S.A. 38-1101 et seq. or K.S.A. 60-1601 et seq., and amendments thereto, shall include with specificity in the verified motion, or in an accompanying affidavit, all known factual allegations which constitute the basis for the change of custody or residential placement. If the court finds that the allegations set forth in the motion or the accompanying affidavit fail to establish a prima facie case, the court shall deny the motion. If the court finds that the motion establishes a prima facie case, the matter may be tried on factual issues. (b) In the event the court is asked to issue an ex parte order modifying a final child custody or residential placement order based on alleged emergency circumstances, the court shall: (1) Attempt to have the nonmoving party's counsel, if any, present before taking up the matter. (2) Set the matter for review hearing at the earliest possible court setting after issuance of the ex parte order, but in no case later than 15 days after issuance. (3) Require personal service of the order and notice of review hearing on the nonmoving party. No ex parte order modifying a final custody or residential placement order shall be entered without sworn testimony to support a showing of the alleged emergency. 60-1610 (2) Child custody and residency. (A) Changes in custody. Subject to the provisions of the uniform child custody jurisdiction and enforcement act (K.S.A. 38-1336 through 38-1377, and amendments thereto), the court may change or modify any prior order of custody, residency, visitation and parenting time, when a material change of circumstances is shown, but no ex parte order shall have the effect of changing residency of a minor child from the parent who has had the sole de facto residency of the child to the other parent unless there is sworn testimony to support a showing of extraordinary circumstances. If an interlocutory order is issued ex parte, the court shall hear a motion to vacate or modify the order within 15 days of the date that a party requests a hearing whether to vacate or modify the order. (B) Examination of parties. The court may order physical or mental examinations of the parties if requested pursuant to K.S.A. 60-235 and amendments thereto.

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