Kansas Visitation Rights for Non Custodial Parents
Kansas courts typically favor joint-custody arrangements. However, if a judge finds that one parent is physically, mentally or emotionally unfit, sole custody may be granted to the other parent. In most cases, the noncustodial parent is granted specified visitation rights and an obligation to pay child support to the custodial parent. Visitation refers to designated times and conditions under which a noncustodial parent can see her children.
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Approach
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The state of Kansas uses the best-interest-of-the-child approach to custody matters. Kansas courts will do everything possible to lessen emotional trauma to the child. Neither the mother nor the father has presumptive rights. Parents who have entered into a personal agreement about parenting, custody and visitation, may find the family-court judge superseding that agreement in the best interests of the children.
Child Custody
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Kansas family courts take certain considerations into account when determining child custody. The length of time a child has been with a parent, including the primary caregiver will be considered, as well as the wishes of both parents and the child pertaining to custody and residency. Of particular interest will be the willingness of each parent to respect and understand the bond between the child and the other parent. Sole custody occurs under circumstances when one parent is not actively involved in a child's life. In a sole-custody arrangement, one parent makes all the decisions with respect to a child's upbringing and the child lives with that parent.
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Visitation Rights
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Noncustodial parents have specific visitation rights. According to the Kansas Bar Association, access or visitation is the right of the parent who does not have residential custody. In terms of a visitation schedule, the court may order reasonable visitation, allowing the parents to work this out. When parents cannot reach an agreement, they may be required to enter into mediation by the family court. In some cases, the judge may determine the specific times for visitations to occur. The Kansas family court may restrict or prohibit visitation if there is evidence that this would be emotionally or physically harmful to the child.
Considerations
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A noncustodial parent has the right to petition the Kansas family court for changes in visitation rights if their circumstances change. Child support and visitation rights are separate issues. Typically the court determines both and orders the noncustodial parent to pay support and the custodial parent to make the child available for visits. The custodial parent must obey the court order for visitation even if the noncustodial parent has not paid or is in arrears with child support. Additionally, Kansas has a grandparent visitation statute which states that the court may award visitation rights to grandparents who have proven a substantial relationship with the grandchild and that visitation is in the best interest of this minor child.
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