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Lawrence Child Custody Lawyers Here to Support You

Child custody matters are highly sensitive and emotional matters. Joseph, Hollander & Craft’s Lawrence child custody lawyers are here to support you and guide you through this difficult time. JHC’s Lawrence child custody lawyers want our clients to be able to focus on their families, not on the litigation process. We work with you to learn about your family situation, assess realistic options for your case, and suggest solutions to help reduce conflict and promote resolution. JHC’s Lawrence child custody lawyers have the skill and experience necessary to help you through any child custody matter that may arise in your case. As we go through the child custody process together, we will protect your rights and the best interests of your children.

Child Custody in Divorce Cases

When a divorce is filed and the parties have minor children, a legal document called a parenting plan is used to determine each parent’s rights and responsibilities. A parenting plan can include as much information and detail as the parties deem necessary to accomplish this goal, but the primary goal of the parenting plan is to determine legal custody, residency, and parenting time.

• Legal Custody. Legal custody refers to the ability to make important, life-shaping decisions surrounding the parties’ minor children and their well-being. The three main categories legal custody includes are the child’s education, medical care, and religious instruction. In a parenting plan, the court may order either joint legal custody or sole legal custody. Joint legal custody means the parents share in this decision-making process to determine what is best for their child and family. A parent with sole legal custody makes these decisions about their child without consultation from the other parent. Joint legal custody is granted in the majority of Kansas cases.
• Residency. In the parenting plan, a residential parent is named. Typically this is the parent that has the majority of the parenting time. The parent without residency is called the non-residential parent. Depending on the facts of your case, shared residency may also be an appropriate outcome.
• Parenting Time. Parenting time, sometimes referred to as visitation, dictates the time each parent spends with the child. Parents lay out the weekly schedule for parenting time in their parenting plan. An example of this would be weekdays with one parent and weekends and holidays with the other.

Kansas courts determine whether child custody and parenting plans are appropriate by looking at the best interest of the child. Our Lawrence child custody lawyers will guide you through the factors and discuss the special circumstances a judge will consider when making this determination in your case. We focus on working closely with our clients to learn about their unique family dynamics and their children’s specific needs in order to craft a parenting plan that works for the family and will receive approval from the court.

Child Custody in Other Family Law Matters

Child custody may also be an issue in matters regarding paternity, grandparent rights, and guardianships.

• JHC’s Lawrence child custody lawyers often assist in establishing the paternity of a child’s father—a legal formality that is necessary whenever a child is born to unmarried parents. Once paternity is established, we assist with legal custody and parenting time. A judge makes the determinations regarding paternity when a party files a petition in a paternity case. The paternity case can then proceed to determine legal custody, residency, parenting time, and child support. Our Lawrence child custody lawyers will help both fathers and mothers file and defend paternity cases in Douglas County, Jefferson County, Franklin County, Osage County, and surrounding areas.
• Grandparent Rights. When parents divorce, some grandparents worry whether they will be permitted to maintain an ongoing relationship with their grandchild(ren). These same worries may arise after the passing of a parent to a minor child. Kansas law permits the establishment of visitation rights for grandparents in these situations. Our Lawrence grandparent rights lawyers represent grandparents looking to establish or change their visitation rights. We also represent parents who wish to limit or eliminate a grandparent’s visitation rights. Regardless of your situation, we will become familiar with your case and help you determine the best course of action for you and your family.
• Kansas courts can appoint someone to act as a guardian for a minor child if the parent is incapable or unable to provide the child with necessary care. These appointments can either be temporary or permanent. Joseph, Hollander & Craft’s Lawrence guardianship attorneys represent clients on all sides of these issues. Our attorneys can help establish guardianships for a minor child as well as represent the interests of a parent in these proceedings.

Contact Our Lawrence Child Custody Lawyers

Regardless of whether you are going through a divorce or a paternity case involving a custody battle, our Lawrence child custody lawyers can help you through your case. We can also assist you in grandparent rights and guardianship matters.

Call JHC’s Lawrence child custody attorneys to see how we can help with your child custody issues.

Frequently Asked Questions About Lawrence Child Custody

How is child custody determined when the child’s parents are not married?

Under Kansas law, prior to paternity being established in Court, a mother has sole custody and full parental rights to a minor child. Paternity can be established by filing a petition with the Court or by agreement of the parties.

In Kansas, if the father is listed on the minor child’s birth certificate, then the parents may sign a voluntary Admission of Paternity to establish the father’s parental rights. If the mother does not acknowledge or admit paternity, then the father typically will need to file a paternity petition with the Court.

Our Lawrence paternity lawyers can assist you with this process. It may require presenting evidence to the court regarding the father-child relationship and biological connection. If the court establishes paternity, then the parents would proceed to determine child custody.

Can one parent keep the child away from the other parent?  

Sometimes it is possible for one parent to keep a child away from the other parent, but these are rare situations. For example, if there has been child abuse in the home and a court has entered an order terminating custody, then a child may be taken away from the abusive parent. This requires a finding by the court that it is in the best interest of the child to not see the abusive parent.

If paternity has not been established, under Kansas law the mother is the only legal parent to the child and the father has no rights to see the child. A mother in this situation could keep a child away from the father until paternity has been legally established.

Unless a situation like this applies, one parent cannot keep a child away from the other parent. Keeping a child away from his or her legal parent without a court order can have serious repercussions, especially when there is a court order directing that both parents share custody or parenting time.