Wichita Child Custody Lawyers

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Joseph, Hollander & Craft’s Wichita child custody lawyers understand that custody issues can be difficult for all parties involved and can result in 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 plan that makes sense for you and your family. During the legal process, we advise you of your rights and obligations and provide productive resolutions to any complications that arise. With our 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 make orders regarding:

• 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 divorced 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.
• Residency 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). Our Wichita child custody attorneys will help you develop a plan that works for your family.
• A 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.

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

Child Custody and Paternity

At Joseph, Hollander & Craft, we support legal rights for families of all kinds. Our Wichita child custody lawyers routinely represent parents who need to establish legal custody of minor children who were born outside of the marriage relationship in parentage actions. 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.

Modifying a Child Custody Order in Kansas

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.

The Wichita child custody attorneys of Joseph, Hollander & Craft 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.

Frequently Asked Questions About Child Custody in Wichita

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. Our child custody lawyers can help you determine what schedule will work best in your case.

Can I still see my child if I am behind on child support?

Many parents believe that if the other parent is behind on child support, they have the right to withhold visitation from that parent. This is false. The law considers issues of custody and visitation to be separate from child support, so a parent who is not paying support still has the right to see their child.

There are other, proper avenues for dealing with a non-paying parent. Consult an experienced Wichita child support attorney for assistance.

Can I get sole custody?

Sole custody is generally disfavored as there is a preference that both parents play a role in raising the child. However, courts are required to prioritize the child’s best interests, which means sometimes there are situations in which sole custody is appropriate. Examples include when a parent:

• Has abused or neglected the child
• Has an alcohol or substance abuse problem that would risk the child’s safety
• Is incarcerated
• Is not involved in the child’s life
• Is otherwise unfit

These are relatively rare situations. But if you believe the other parent presents a danger to your child, or you have been informed that the other parent seeks sole custody against your will, contact a child custody lawyer in Wichita.

I helped raise my ex-partner’s child; can I seek visitation?

The uniform nonparent visitation act became effective in Kansas on July 1, 2024. Under this act, a nonparent (such as a stepparent, grandparent, or sibling) may request an order granting visitation with a child if:

• The nonparent has been a consistent caretaker during the year immediately preceding the filing of action or has a substantial relationship with the child; and
• An order of visitation to the nonparent is in the best interest of the child.

To determine whether an order of visitation is in the best interest of the child, a court will consider factors such as the:

• Nature and extent of the relationship between the child and the parent or person acting as a parent;
• Nature and extent of the relationship between the child and the nonparent;
• Past or present conduct by a party or individual living with a party that poses a risk to the physical, emotional, or psychological well-being of the child;
• Likely impact of the requested order on the relationship between the child and the parent or person acting as a parent;
• Applicable factors considered in the determination of legal custody, residency, and parenting time of the child; and
• Any other factor affecting the best interest of the child.

If my ex is moving out of state, what happens to our custody order?

Pursuant to Kansas statute, a parent entitled to legal custody or residency of or parenting time with a child must give written notice to the other parent not less than 30 days prior to: (1) Changing the residence of the child; or (2) removing the child from this state for a period of time exceeding 90 days. Unless the other parent has been convicted of certain specified crimes against the child, failure to give this notice is punishable as contempt.

A change of the residence or the removal of a child from the state for more than 90 days may be considered a material change of circumstances that justifies modification of an order of legal custody, residency, child support or parenting time. Either parent may file a motion to modify the order, and the court will consider all relevant information, including:

• The effect of the move on the best interests of the child;
• The effect of the move on any party having rights to legal custody or residency of or parenting time or visitation with a child; and
• The increased cost the move will impose on anyone seeking to exercise rights to legal custody or residency of or parenting time or visitation with a child.

Can mental health affect child custody?

A parent’s mental health could be an issue if it negatively affects the child. As with any other custody matter, the child’s best interests must always be put first. It should be noted that merely having a mental health condition does not, in and of itself, mean that a parent is unfit, nor is it likely to be the sole deciding factor in whether a parent is granted or denied custody.

A better question is how the parent is managing their mental health in light of their parental obligations. For instance, is the parent in regular counseling or taking medication to address the condition, or are they allowing it to cause harm or neglect to their child? These are very case-specific matters that should be addressed with the assistance of legal counsel, regardless of which parent you are.

Do You Have a Child Custody Lawyer Near Me?

Joseph, Hollander & Craft is located at 500 N. Market Street in Wichita, on the corner of Market and Central and only a block away from the Sedgwick County Courthouse. There is plenty of onsite parking. We also have offices in Overland Park, Lawrence, Topeka, and Kansas City, MO.