Home » Wichita Family Law Attorneys » Wichita Child Custody Lawyers

Joseph, Hollander & Craft’s Wichita family law attorneys understand that child custody matters can be difficult for all parties involved and can put a great amount of stress on parents. We make it our goal to handle child custody matters with candor and compassion. We listen to your goals, assess your case, and create a case plan that makes sense for you and your family. During the legal process, we will advise you of your rights and obligations and provide productive resolutions to any complications that arise. With JHC’s Wichita child custody attorneys on your side, you have a team dedicated to protecting your rights and your children’s best interests.

Custody Issues Within the Divorce Process

In every Kansas divorce action, a court will enter orders regarding child custody and parenting time. JHC’s Wichita divorce and child custody attorneys will help you understand what to expect and what can be achieved in your case.

• Legal Custody. Legal custody is a parent’s authority to make major decisions about a minor child’s life. The three main categories that fall under this type of custody are medical decisions, educational decisions, and religious decisions. The majority of parents in the state of Kansas have joint legal custody, meaning that they share decision-making authority with respect to their children. In some situations, one parent may be awarded sole legal custody of a minor child, such that the parent can make those major decisions without input from or consultation with the child’s other parent.
• Residential Custody and Parenting Time. Residential custody refers to where the child lives. Kansas judges may order primary residential custody or shared residential custody. Primary residential custody means that a child will live with one parent more than 50% of the time. In this scenario, the other parent is deemed the non-custodial parent and is awarded parenting time with the child. Shared residential custody means that both parents have the child an equal amount of time. This parenting schedule can look many different ways (week on/week off; two-two-three; or two-five-five). JHC’s Wichita child custody attorneys will help you develop a plan that works for your family.
• Parenting Plan. The custody arrangement and parenting time schedule will be set out in a parenting plan. The parenting plan will be detailed and specific to each case. It will include the parenting schedule the family will follow, a holiday schedule, and other case-specific information. This parenting plan can be created by agreement between the parties. When parents agree, their agreed parenting plan is presumed to be in the best interests of the child and likely to be accepted by a judge. If an agreement cannot be reached, the judge will make custody decisions at a trial.

In a divorce action, decisions about child custody, parenting time, and everything relating to children are made based on the “best interest of the child.” Some of the most common factors the court will look at are: each parent’s role and involvement with the minor child before and after separation; the emotional and physical needs of the child; the child’s adjustment to the child’s home, school and community; the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent; and the schedules of the child and the parents.

JHC’s Wichita child custody attorneys will review and analyze the child custody factors and apply each to your individual situation. We will always provide you with realistic options and candid advice. And we are skilled litigators who know how to convince a judge that your proposed parenting plan is in your child’s best interest.

Child Custody and Paternity

JHC’s Wichita child custody attorneys support legal rights for families of all kinds. We routinely represent parents who need to establish legal custody of minor children who were born outside of the marriage relationship.

A parentage action is a court case to establish who the natural and legal parents of a child are.

Paternity cases specifically focus on establishing legal custody rights and obligation for biological fathers. It may be necessary to initiate a paternity action to establish a parenting plan for people who share a child but were never married. Just as in a divorce case, the parenting plan will set out the custody arrangement and parenting time schedule and will be detailed and specific to each case. It can be created by agreement between the parties or devised by a judge based on what the judge believes will suit the best interests of the child.

Our Wichita paternity lawyers are dedicated to ensuring that all parents’ legal rights are protected and observed. We will guide you through the legal process and create a parenting plan that fits your needs and your child’s needs. Contact our experienced attorneys now.

Top Questions About Child Custody in Wichita

Can I change a parenting plan after it has been ordered if my family’s situation changes?

Once a parenting plan is agreed upon by the parties or ordered by the court, it can only be modified when there is a material change of circumstances. Whether a material change of circumstances is present is a decision only a judge can make, and the judge has discretion in making that decision. One example of a material change of circumstances would be if one parent moves out of state.

JHC’s child custody attorneys can help you decide whether your situation has changed enough to rise to the level of a material change of circumstances. If there is a material change of circumstances, we can help you file a motion to change the parenting plan to fit the situation.

Who will the children live with during the divorce?

Temporary orders filed at the beginning of the divorce case will make provisions for a temporary custody arrangement. These temporary orders will be modified. Generally, during the divorce process, a judge will attempt to maintain the “status quo” in the children’s schedules and living situation as much as possible. All decisions relating to child custody are made using the best interest of the child standard. Each individual situation will require a different temporary and permanent parenting plan. JHC’s child custody lawyers can help you determine what schedule will work best in your case.