Home » Overland Park Family Law Attorneys » Overland Park Child Custody Lawyers

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.

Personalized Representation for Your Child Custody Matter with Our Overland Park Child Custody Lawyers by Your Side

We understand disputes involving child custody are often complex and overwhelming. JHC’s Overland Park family law attorneys will seamlessly help you through this difficult process by taking the time to fully understand your situation and goals, providing a realistic assessment of your legal rights and options, and offering strategic solutions tailored to your family’s needs. Our Overland Park child custody lawyers are dedicated to taking every action needed to safeguard your parental rights and protect the best interests of your children.

Child Custody Following Divorce or Parental Separation

In the event of a divorce or separation of unmarried parents, JHC’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.

How Our Overland Park Child Custody Lawyers Can Help

We will develop a tailored parenting plan appropriate for your case and family. Ultimately, the court renders child custody determinations based upon what is in the best interest of the child. Therefore, our Overland Park child custody lawyers will explain and discuss the multiple statutory factors the judge will consider in making its determination and strategically implement those factors into your parenting plan.

Our Overland Park Child Custody Lawyers Step in for Child Custody and Parenting Plan Modifications

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

JHC’s Overland Park child custody lawyers 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. JHC’s 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. JHC’s Overland Park grandparent rights lawyers represent grandparents seeking to establish or modify their visitation rights and parents opposing grandparent visitation.

Call Our Overland Park Child Custody Lawyers to Help Your Case

Whether you are going through a divorce or separation, involved in a custody dispute, or need assistance with guardianship or visitation issues, JHC’s Overland Park custody attorneys can help. Call us today.

More About Our Family Law Areas

FAQs

Who will get custody of the minor children?

The two types of custody the court orders in a divorce proceeding or after a separation by the parents are legal custody and physical custody. Legal custody involves the critical 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. A parent with joint legal custody shares the decision-making authority with the other parent. 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.

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.

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 proceeding. 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.

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 visitation, and how does it work?

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.