ANSWERS: 2
  • Kansas Child Custody Laws; Child Custody Statute Child custody proceedings in Kansas follow two general rules. First, both parents have equal rights as the natural guardians to supervise, rear, and educate their children. Secondly, fit parents are entitled to custody over nonparents. If one parent dies, the other parent automatically has full custody rights, even if the parents are divorced. The state as parens patria, has a duty to protect children and will intervene if a child is in danager or if someone brings a custody dispute before the court. K.S.A. 60-1610 details the different types of custody, both legal and residential arrangements in Kansas. The two types of legal custodial arrangements are, joint legal custody and sole legal custody. Joint custody may be ordered by the court, with both parties. In that event, the parties shall have equal rights to make decisions in the best interest of the child. The court may also order sole legal custody with one of the parties when the court finds that it is not in the best interest of the child that both of the parties have equal rights to make decisions pertaining to the child. In Kansas, and pursuant to K.S.A. 60-1610, there are three types of residential arrangements. First, residency is where the court may order a residential arrangement in which the child resides with one or both parents on a basis consistent with the best interest of the child. Second, divided residency is used only in an exceptional case. The court may order a residential arrangement in which one or more children reside with each parent and have parenting time with the other. And, finally nonparental residency. Special circumstances are required to be met before this happens. If during the proceedings the court determines that there is probable cause to believe that the child is a child in need of care as defined by subsections (a)(1), (2) or (3) of K.S.A. 38-1502 and amendments thereto or that neither parent is fit to have residency, the court may award temporary residency of the child to a third party. And this includes grandparents.
  • A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? http://cabaraoke.newsvine.com/_news/2008/12/01/2165344-a-childs-choice-what-is-the-right-age-for-a-child-to-choose-which-parent-to-live-with The child can demand Joint Custody of them, and not the other way around. They can be told that the children need to remain in the home and each parent can live there for three weeks, than switch. Once a week the parent not in residence takes the children out to dinner. While in the home, the parent does not date or have overnight guests, other than relatives. On the off weeks, the parent rents a room, stays with relatives or friends, or they can split the cost of a one bedroom apartment that they share. The priority here is the children not having their lives disrupted by the choices of the parents. The parents' lives are equally disrupted and they split the cost of being in the home. If child support is ordered, both parents can pay into a trust fund that pays out to cover the children’s expenses. Anything over and above those expenses remains there to collect interest and goes toward a college education. When the children are grown, and completely out of the home, than the property can be sold or whatever the parents want to do with it. This is called Bird Nest Custody. The children remain in the nest and the bird take turns being there. http://tinyurl.com/GiveKidsAChoice

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