Joint vs. Sole Custody in Kansas: Is There a Presumption of Equal Time?

By the FigureMyTax Editorial Team · How we calculate

Kansas lists joint legal custody first in the order of preference, but decides legal custody, residency and parenting time on the child’s best interests using 18 factors, and a sole custody order needs specific findings.

Is joint custody presumed in Kansas?

The statute puts joint legal custody first, but it does not call it a presumption. The court shall provide one of the legal custody arrangements in the order of preference: joint legal custody, in which the parties have equal rights to make decisions in the best interests of the child, and then sole legal custody, which the court orders only when it finds that it is not in the child’s best interests for both parties to have equal decision rights, with specific findings of fact on the record (K.S.A. 23-3206). The overall standard is the child’s best interests (23-3201).

What are the factors in Kansas?

The court considers all relevant factors, including each parent’s role and involvement with the child before and after separation; the parents’ desires; the desires of a child of sufficient age and maturity; the child’s age and emotional and physical needs; the child’s relationships with parents, siblings and others; the child’s adjustment to home, school and community; each parent’s willingness to respect the child’s bond with the other parent; evidence of domestic abuse; the parents’ ability to communicate, cooperate and manage duties; the school activity schedule; the parents’ work schedules; the locations of residences, workplaces and the school; and offender registration and child abuse convictions of a parent or of someone in the parent’s home (23-3203(a)).

How is residency decided in Kansas?

After deciding legal custody, the court decides the child’s residency, which it must find to be in the child’s best interest. The parties submit an agreed parenting plan or, in a dispute, proposed plans. The court may order a residential arrangement in which the child resides with one or both parents; in an exceptional case it can order divided residency, with children split between the parents (23-3207).

What does sole legal custody take away in Kansas?

An award of sole legal custody to one parent does not deprive the other parent of access to information about the child unless the court so orders and states its reasons (23-3206(b)).

Can the court order an assessment in Kansas?

To aid in deciding legal custody, residency and parenting time, the court may order a parent to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and to follow its recommendations (23-3203(b)).

Do both parents get access to records under a sole custody order in Kansas?

Yes unless the court orders otherwise and states reasons; sole legal custody does not deprive the other parent of access to information about the child (23-3206(b)).

What if the parents live far apart in Kansas?

The locations of the parents’ residences and places of employment and the location of the child’s school are listed factors (23-3203(a)(13)-(14)), and the guidelines allow an adjustment for the extra cost of long-distance parenting time through the actual-cost adjustment line.

How does custody connect to support in Kansas?

The label does not set the amount; the percentage of the child’s time does. Count your schedule with the Kansas parenting time calculator and run the Kansas child support calculator.

Can custody be changed after a move in Kansas?

A change of residence or removal of the child, after the notice the statute requires, may be considered a material change of circumstances that justifies modifying custody, residency, support or parenting time. See moving away with a child in Kansas.

Frequently asked questions

Official sources

• K.S.A. 23-3201: custody, residency and parenting time criteria
• K.S.A. 23-3203: factors
• K.S.A. 23-3206: legal custodial arrangements
• K.S.A. 23-3207: residential arrangements
• K.S.A. 23-3222: change in child’s residence; notice
• Kansas Child Support Guidelines

This is general information, not legal advice. It is based on the cited Kansas statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Kansas attorney.