Sole or primary, which means the children live with 1 parent most of the time and usually visit the other parent. Joint physical custody does not mean that the children must spend exactly half the time with each parent. Usually the children spend a little more time with 1 parent than the other because it is too hard to split the time exactly in half.
Sometimes, a judge gives parents joint legal custody, but not joint physical custody. The parent who does not have physical custody usually has visitation with the children. A parent who has the children less than half of the time has visitation with the children.
Visitation orders are varied, depending on the best interests of the children, the situation of the parents, and other factors.
In general, visitation can be:. Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny your right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability or a different lifestyle, religious belief, or sexual orientation.
In addition to custody orders, the judge will probably also make child support orders. Keep in mind that a child support order is separate from child custody and visitation, so you cannot refuse to let the other parent see the children just because he or she is not making the child support payments that the court ordered.
And you cannot refuse to pay child support just because the other parent is not letting you see your children. But child support and custody are related because the amount of time each parent spends with the children will affect the amount of child support. Click to read more about child support. Sometimes, if giving custody to either parent would harm the children, courts give custody to someone other than the parents because it is in the best interest of the children.
Click for more information on guardianship. In most cases, parents can make their own agreements for custody and visitation, without a court order. If you make an agreement between the 2 of you, the agreement becomes binding and enforceable. But if 1 of you does not follow the agreement, a court cannot enforce it until it becomes a court order. So if you and the other parent agree on custody and want a court order that either of you can enforce if 1 of you violates the agreement, you can turn in your agreement to a judge.
The judge will probably approve the agreement, sign it, and it will become a court order. After the judge signs your agreement, file it with the court clerk. LSC's support for this website is limited to those activities that are consistent with LSC restrictions. Skip to main content. Topics Family Law Child Custody.
Custody : What are the types of custody? Joint Legal Custody Both parties should consult each other about major decisions for the children. This includes, but is not limited to: where the children go to school; where they go to church; who their doctors are; if they should be allowed to get piercings, tattoos, etc. Both parents have equal access to medical and school records.
Joint Legal Custody is the preferred method of custody in Kansas. It has nothing to do with who the children live with or the amount of time each party spends with the children.
Sole Legal Custody The residential parent does not have to consult with the other parent about major decisions for the children. It does not give the residential parent the right to move the children without notice to the other parent. The parent still must follow the law and give 30 day notice before moving. The Judge must make the finding that there are facts to support the awarding of sole legal custody. The Kansas statute lists the following factors, among others: the child's adjustment to home, school and community; the wishes of the parents and the child; which parent will most cooperate in helping the child keep a bond with the other parent; and evidence of spousal abuse.
Neither the mother nor the father is preferred because of sex. Each case is reviewed on its own facts according to child's best interests. If the child is a teenager, the judge may be willing to consider the child's wishes as to residence and the child's reasons. There is no specific age when a child gets to decide where they live, but normally, the older the child, the more weight that child's desires are given by the court. Can the parties agree as to the custody plan for their child?
Yes, the parties may agree on the type of custody that best fits their circumstances. They may then present their agreement to the judge for approval.
Kansas law provides a presumption that a written agreement between the parties about custody or residency of their minor child is in the child's best interest. After a Court determines which parent should have the primary residence of a child, can the court ever change that? The Court keeps the power to change the primary residence of a child until the child reaches the age of 18 or graduates from high school, whichever occurs first.
Generally, if the parties stay in the same state, a motion to change primary custody must be filed in the same court where the divorce or paternity was determined. What reasons would a court need to change the child's primary residence? The law usually requires a material change of circumstances' before a judge will change a custody order.
Usually the change of circumstances will be something in the residential parent's home that has an adverse impact on the child. This can be changes such as physical abuse, use of illegal drugs, alcohol abuse or neglect. Visitation : What is visitation? Temporary orders are extinguished when a new order or a final order is entered. The content of a temporary order will vary depending upon the information the judge has at a hearing for entry.
An initial custody determination will be made by the Friend of the Court early in the case. The Friend of the Court will issue a recommendation based on information gathered from each parent. Each party then has the right to object to this recommendation and present evidence to the judge as to why a different order or recommendation should be made.
Child custody can be modified if there is proper cause or a change in circumstances. The modification must be in the best interests of the children. It is up to the party asking for the modification to present evidence that a change has occurred or that there is proper cause, and that their proposed change is in the best interests of the children.
If the parents cannot agree on a custody arrangement the court will hold a trial. At the trial, each party can present evidence regarding why their proposed custody arrangement is in the best interests of the child. An ex parte order is an order that is entered without a hearing.
The party seeking to get the order entered must allege sufficient facts for the judge to find that imminent danger or harm could occur in the time it would take to give notice to the other party.
Ex parte orders are usually entered when the divorce case is filed or in emergency circumstances. If the other party does not believe the ex parte order is necessary, an objection should be filed within fourteen days of receiving notice of the order. In Michigan, all child custody decisions must be in the best interests of the children. The factors a judge considers are:. In order to get more parenting time with your children you have to show the court that you can handle the time and that you are genuinely interested in raising your children.
Before your custody trial, get as involved with your kids as you can, and document everything you do. Find a routine that works for you and your kids and stick to it. Obey every court order, even if you do not agree with it. Gather your evidence and witnesses. Visitation, called parenting time in Michigan, is court-ordered time for each parent to enjoy with their children. Yes, but there has to be a reason to do so. The courts can only order supervised or no parenting time if there is a concern over the safety and well being of the child during the parenting time.
Although the statutes are written gender neutral, and the Child Custody Act presumes it is in the best interests of the child to maintain a relationship with both parents, many courts still award primary custody to the mother.
Fathers have an uphill battle in most courts, but the battle can be fought and won with proper preparation by the father and his attorney.
The most important thing to know is the law. You should carefully review the best interest factors and be able to present evidence that supports you having custody for each factor. You must collect your own evidence. The judge is a fact finder and can only determine what facts exist based on the evidence put in front of him or her.
You should use care when collecting evidence to ensure that you are not violating any laws. Keeping a journal and having witnesses that can testify about your time with your child are two strong sources of evidence. You should consult with your attorney to determine what type of evidence will be necessary for your specific case. In Michigan, it is the job of the Friend of the Court to investigate and make recommendations on child custody, parenting time and support.
Guardian ad Litems are rarely used in custody cases; they are usually sought to represent children who have been victims of abuse or neglect. Not usually. A child custody case can usually be decided without subjecting the child to the court process. However, if the child would like to voice his or her opinion or is needed to testify about a specific occurrence, the child can be required to attend a court hearing.
Judges usually interview children in their chambers, away from both parents. Some judges do not even allow attorneys to be present. When a child testifies, the goal is to minimize any harm that can be done to them.
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