What Is the Kansas Best Interest of the Child Standard?

 

Understand the common factors Kansas’s judges use when making child custody decisions.

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Kansas courts use the "best interest of the child" standard to make child custody decisions. Kansas Statute Section 23-3201 says:

The court shall determine custody or residency of a child in accordance with the best interests of the child.

How Courts Make Child Custody Decisions in Kansas

If you and the child's other parent have agreed to a parenting plan, the court will presume that your agreement is in the best interests of your child. However, the court is allowed to make a different order if the judge finds that the agreement doesn't put your child first.

Kansas Statute Section 23-3203 sets out the following list of specific factors for judges to consider when deciding what is in a child's best interest:

  • whether the child has been under the care of someone other than a parent and, if so, why and for how long
  • each parent's wishes
  • the child's wishes
  • the child's relationship with the parents, siblings, and any other person who may significantly affect the child's best interests
  • how well the child is adjusted to home, school, and community
  • each parent's willingness and ability to foster a continuing relationship between the child and the other parent
  • any history of domestic violence or child abuse
  • whether either parent is living with someone who is a registered sex offender or who has been convicted of child abuse

The law gives Kansas judges a lot of flexibility to establish parental rights and responsibilities based on the best interest of the child. In addition to the factors listed above, the court may consider anything else the judge finds relevant to your case.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Studying the law. This article summarizes the key factors courts use to make custody decisions in Kansas. That said, family law is a complicated subject and laws do change. We recommend that you read the full version of Sections 23-3201 to 23-3203 of the Kansas Statutes, available from the Kansas State Legislature.

Working with a lawyer. If you’re working with a lawyer, mediator, or both, ask them for help understanding how Kansas law applies to your specific circumstances.

How to Find a Child Custody Lawyer in Kansas

Finding your local family court. In Kansas, family law cases are handled in the county district courts. Be sure to take advantage of the self-help resources your court offers.

Kansas Family Law Court for Haskell County


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Jurisdictional relevance: ST

There are versions of this article for each State.