Overland Park Child Custody Lawyers

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Your child’s future is among your most important concerns. At Joseph, Hollander & Craft, our Overland Park child custody lawyers deliver the experience and skill necessary to advise you regarding child custody matters and resolve your child custody dispute. We handle child custody matters in divorce proceedings, as well as modifications after a divorce has concluded. We assist unmarried parents seeking to establish child custody — whether for the father or mother — and parenting time for both parents. Our Overland Park custody attorneys also help clients with matters pertaining to the guardianship of minor children and grandparents rights.

Do I Need an Attorney for Child Custody Issues?

We strongly recommend partnering with an attorney for child custody-related issues and concerns. Many couples feel that they can reach an agreement without getting lawyers involved, and it is certainly in everyone’s best interest when parents agree. However, it is important to make all agreements with full understanding of everyone’s rights and to memorialize the agreement with legally effective documentation.

At Joseph, Hollander & Craft, we understand your concerns and anticipate problems before they arise. Our Overland Park family law attorneys take time to fully understand our clients’ situations and goals, provide a realistic assessment of your legal rights and options, and offer strategic solutions tailored to your family’s needs. We are dedicated to taking every action needed to safeguard your parental rights and protect the best interests of your children – and to showing a judge that those two goals are aligned.

How Can Our Overland Park Child Custody Lawyers Help You?

In the event of a divorce or separation of unmarried parents, Joseph, Hollander & Craft’s Overland Park custody lawyers can advise you regarding legal custody and parenting time and draft a parenting plan to set out the rights and responsibilities regarding each parent. Whether it is entered in a divorce case or a paternity action, the parenting plan will address:

• Legal Custody. Legal custody describes a parent or guardian’s authority to make key, long-term decisions about a child and his or her welfare.
• Physical Custody / Residential Custody. Residential arrangements will be ordered, directing with whom the child will live.
• Parenting Time. Parenting time describes when and under what conditions a parent spends time with his or her minor child. When the child does not live with one parent, the rights of the non-residential parent to spend time with and have access to their child may be called visitation.

Legal Custody vs. Physical Custody

The two types of custody the court orders in a divorce proceeding or after separation by the parents are legal custody and physical custody. Legal custody guides decision making regarding the minor child’s welfare, including education, medical, and other related matters. Only the parent with legal custody has the right to make the decisions on behalf of the minor child. Parents with joint legal custody share the decision-making authority. Physical custody deals with the daily caretaking of a minor child. It is sometimes referred to as “residential custody.” The court may order joint or sole physical and legal custody.

What Is a Parenting Plan?

A parenting plan is a written order regarding the custody and visitation schedule of the minor child, procedure by which disputes between parents will be resolved, and other related matters. A parenting plan can be temporary or permanent. A temporary parenting plan is generally issued while the legal proceeding (typically a divorce or paternity action) is still going on and is subject to change.

A permanent parenting plan is similar to a temporary parenting plan, but is generally adopted at the end of the legal case. If both parents agree on a permanent parenting plan together, the court will generally assume the agreed parenting plan is in the best interest of the child and adopt it. However, if the parents do not agree, the court will ask both parents to create their own suggested parenting plan, and the court will take the two plans into account when deciding on a final parenting plan.

Child Custody and Parenting Plan Modifications in Overland Park

Our Overland Park child custody attorneys are often called upon to modify existing child custody and parenting plan agreements. After reviewing your file and determining that a modification is viable, our child custody lawyers will work with you towards obtaining a modified child custody order and creating a parenting agreement that will meet your needs and your children’s needs—and ensure a healthy family dynamic that works for both the short term and long term.

Guardianships and Grandparent Rights

Joseph, Hollander & Craft’s child custody lawyers in Overland Park also help with guardianships for minor children and grandparent rights issues.

• Guardianships for Minor Children. Custody of a child may need to be transferred to a guardian depending on family circumstances, such as abandonment, parental impairment, or a parent’s inability to provide necessities for a minor child. A guardian appointed by court order gains custody and control over the child and becomes responsible for the child’s welfare, including the child’s financial support, medical care, and education. Our Overland Park guardianship lawyers help family members establish guardianships for minor children, and we represent parents’ interests in guardianship actions.
• Grandparent Visitation Rights. Kansas law permits grandparents to request visitation with their grandchildren in circumstances, such as when the child’s parents divorce or a parent dies. A grandparent who shows a substantial relationship with the child and demonstrates that the child’s best interests will be served by continuing that relationship may be granted visitation rights. Our child custody attorneys in Overland Park represent grandparents seeking to establish or modify their visitation rights and parents opposing grandparent visitation.

Frequently Asked Questions About Child Custody

How does a Kansas Court determine who gets custody?

In making custody determinations, Kansas courts examine what is in the child’s best interests by taking into account a variety of factors, including: the desires of the parents; the willingness of each parent to effectively co-parent; the child’s adjustment to home, school, and community; the wishes of the parents and the child; which parent will cooperate most in helping the child keep a bond with the other parent; and evidence of abuse. Ultimately, each case is reviewed on its own facts according to the child’s best interest.

Who has custody of a minor child when there is no court order?

When the parties do not have a court order in place with the court, custody goes to the legal parent(s) of the children. If the parents were married when the child was born, both are recognized as the legal parents and have joint custody of the children. If parents were not married when the child was born, only the natural mother is legally recognized as the parent—unless paternity has been legally acknowledged or adjudicated.

If an unmarried father seeks custody, he will have to establish paternity first. This is generally done by filing a paternity action with the court. Only after paternity has been established may the father be recognized as a legal parent of the child and seek custody.

When can you modify custody or a parenting plan?

A parent may seek to modify custody or a parenting plan only after a court has made a final determination of custody. In order to seek a modification, there must be a significant and material change in circumstances. Examples of what may qualify as a material change in circumstances include any changes in a parent’s household that could put the minor child in danger or cause the minor child harm, a major change in a parent’s job or working hours, a significant geographical move of a parent, or a deviation from the current custody schedule.

What is the difference between visitation and child custody?

Visitation is the right of the non-residential parent, or even grandparents, to have access to and spend time with a minor child. Kansas courts may order “reasonable visitation,” allowing for visitation at sensible times and under reasonable conditions with plenty of notice; the details can then be worked out by the parents. Generally, the court will allow the parents to create the specific location and times for visitation, unless there is a reason not to. Kansas courts can also order that visitation occurs at specific times, in specific locations, and under specific circumstances. Like parenting plans, visitation rights can be temporary or permanent as ordered by the court.

Physical custody and residential custody are terms that can be used to describe where the child will live. However, Kansas courts refer to time spent at each parent’s residence as “parenting time.”

Does custody affect child support?

Legal custody does not affect child support, but physical custody can because the child support order is calculated in part based how much time the child spends with each parent. As a whole, child support is for the well-being of the child and is the child’s right. Both parents are still financially responsible for their well being despite whatever custody arrangements are set.

Can I terminate my co-parent’s rights if I think they are a danger to our children?

Terminating a co-parent’s rights is a serious legal matter and is not done easily. While it could be possible to do this, it would require a substantial amount of direct evidence to do so. Courts will typically want to prioritize keeping both parents involved in the child’s life and will not terminate these rights unless there is sufficient reason or a clear and present danger in the child’s life.

Even if there is a case of abuse or neglect, the court will often allow supervised visits before even considering termination as an option. Keep this in mind if you seek to terminate a co-parent’s rights. In this instance, it is best to consult with an attorney for the most accurate legal advice pertaining to your unique case.

If I am behind on child support, can I still see my children?

Visitation rights and child support payments are separate issues. Even though you are behind on your payments, that does not necessarily bar you from being able to see your child or children. Courts will typically prioritize ensuring that children have both parents involved in their lives and it is typically very difficult to remove these rights. In short, lack of child support payments should not impact your ability to visit your child.

However, remember that this does not mean you are off the hook. While you will likely still be able to see your child, that does not mean that non-payment of child support does not have its own host of issues.

What does 50/50 parenting mean?

The 50/50 parenting arrangement is when both parents share equal parenting time or physical custody of their child or children. It typically involves the children living in both parents’ households, although the schedule will differ for each family. It may include:

• alternating weeks
• 2 weeks at each household
• alternating every 2 days
• a 3-4-4-3 schedule (the child spends 3 days with Parent A, then 4 days with Parent B, then 4 days with Parent A, then 3 days with Parent B)
• a 2-2-3 schedule (the child spends 2 days with Parent A, 2 days with Parent B, then 3 days with Parent A, then the schedule switches starting with 2 days with Parent B)
• or any number of divisions that work for the family

These arrangements work best when parents live near each other and the child is amenable to switching between homes.

Do You Have a Child Custody Attorney Near Me?

Joseph, Hollander & Craft’s Overland Park office is located at 10104 W. 105^th Street. We also maintain additional offices in Lawrence, Topeka, and Wichita, as well as Kansas City, MO.