Best Child Visitation Lawyers in Kansas

About Child Visitation Law in Kansas, United States

Child visitation refers to the legal rights granted to non-custodial parents, grandparents, or other significant individuals to spend time with a child following a divorce or separation. In Kansas, child visitation is commonly known as "parenting time" and is determined based on the child's best interests. The state's family courts prioritize maintaining strong relationships between children and both parents, unless it would be harmful to the child's welfare. Courts encourage parents to create their own visitation arrangements, but if parents cannot agree, the court will issue a visitation order that sets a specific schedule and any necessary restrictions or conditions.

Why You May Need a Lawyer

Family law matters related to child visitation can be emotionally charged and complex. You may need the assistance of a lawyer if:

• Parents cannot agree on a visitation schedule or details, leading to conflict or gridlock.
• There are concerns about a child's safety or wellbeing during visitation, such as in cases of abuse, neglect, or substance abuse by one parent.
• You are seeking to modify an existing visitation order because of changes in circumstances, such as relocation, job changes, or new concerns about a parent's behavior.
• One parent is interfering with or denying court-ordered visitation.
• You are a grandparent or other relative seeking visitation rights due to changes in family circumstances.
• Paternity has not been established and needs legal confirmation before visitation can be ordered.
• There are jurisdictional questions, such as the child or a parent moving out of Kansas.
• You have been served with court papers regarding visitation and must respond properly to protect your rights.

Local Laws Overview

Kansas law uses the term "parenting time" or "residential schedule" instead of "visitation." Both parents are presumed to have the right to a meaningful relationship with their child unless evidence suggests otherwise. Here are some key aspects of Kansas law regarding child visitation:

• The court always acts in the child's best interests, considering factors such as the child's age, needs, safety, relationship with each parent, and the ability of each parent to care for the child.
• The court prefers that parents create their own parenting plan, describing how time with the child will be shared. If parents cannot agree, the court will establish a schedule.
• Supervised visitation may be ordered if there are safety concerns, such as a history of domestic violence, substance misuse, or mental health issues that may put the child at risk.
• Parents who deny or interfere with court-ordered visitation without a valid reason may face legal consequences, including contempt of court.
• Grandparents and certain other relatives may petition the court for visitation rights in specific circumstances, such as when one parent is deceased or parental rights have been terminated.
• Modifying a visitation order requires a showing of a material change in circumstances affecting the child's best interests.
• The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state has jurisdiction if parties live in different states.

Frequently Asked Questions

What does "parenting time" mean in Kansas?

Parenting time refers to the time a non-custodial parent or other eligible person spends with the child. This term is used instead of "visitation" in Kansas law.

How is child visitation decided in Kansas?

If parents cannot agree, the court will set a visitation schedule based on factors like the child's best interests, safety, and each parent's situation.

Can a child decide where to live or when to visit the other parent?

Children can express a preference, especially as they grow older and more mature, but the court is not bound by the child's wishes and will make a decision in the child's best interests.

Can grandparents get visitation rights in Kansas?

Yes, grandparents may petition the court for visitation if it is in the child's best interest and certain conditions are met, such as the death or divorce of a parent.

What if the other parent will not follow the visitation order?

If a parent interferes with or denies visitation without a valid reason, the other parent can file a motion in court to enforce the order or seek help from local authorities.

How do I modify a child visitation order in Kansas?

You must petition the court and prove that there has been a material change in circumstances since the original order was issued.

Is supervised visitation common in Kansas?

Supervised visitation is used when the court has concerns about the child's safety with one parent, such as a history of abuse, neglect, mental illness, or substance misuse.

Can I relocate with my child if I have primary custody?

Kansas law requires advance written notice to the other parent before relocating the child. The court may modify visitation arrangements or custody based on the relocation.

What is the role of a parenting plan?

A parenting plan is a written agreement between parents outlining custody and visitation schedules. The court will approve or make changes to the plan to protect the child's best interests.

Does child visitation affect child support?

Parenting time and child support are separate legal issues, but the amount of time spent with each parent may be considered when calculating child support payments.

Additional Resources

If you need more information or assistance with child visitation issues in Kansas, consider reaching out to:

• Kansas Judicial Branch - Family Law Division (for forms, instructions, and information on court processes)
• Kansas Legal Services (offers low or no-cost legal assistance for eligible individuals)
• Local District Courts (for filing petitions or enforcement actions)
• Kansas Bar Association Lawyer Referral Service
• Court-appointed mediators or parenting coordinators (for help reaching agreements outside of court)
• Self-Help Centers often available at local courthouses
• Support groups and counseling services for families and children of divorce or separation

Next Steps

If you are facing a child visitation dispute or need to establish or enforce visitation rights in Kansas, consider the following steps:

• Gather documentation, such as current parenting plans, court orders, communication records, and any evidence of concerns or violations related to visitation.
• Consult with a qualified Kansas family law attorney to evaluate your situation and discuss your legal options.
• If needed, consider using mediation or alternative dispute resolution services to help reach an agreement outside of court.
• If you cannot resolve the issue out of court, your attorney can help you file the necessary legal papers and represent you in court proceedings.
• Be sure to comply with all existing court orders and avoid actions that could negatively affect your case or your child's wellbeing.

It is important to act promptly and seek legal guidance to protect your rights and your child's best interests. Local legal resources, courts, and family services can provide support and assistance as you move forward.