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There is no such thing as “full custody” and no one is ever sure what someone means when they say that they want
or have “full custody.” Kansas law does not
recognize any such designation. Kansas law attempts to
maximize the time both parents are able to spend with their child. The courts
are required to enter an appropriate parenting schedule in every case. Kansas
law recognizes that every parent is entitled to appropriate time with his or
her children and that every child is entitled to appropriate time with his or
her parents. This schedule is, in the first instance determined by parental
agreement. If the parents are unable to agree between themselves, then the
court will order an appropriate parenting schedule. While courts determine
child custody issues, Kansas law recognizes that
there are three separate parts to any child custody issue:
First, “legal custody” or “decision-making.” An order of “legal
custody” defines the decision-making powers held by the parents and the
decision-making relationship of those parents. Kansas law presumes that
both parents should share decision making power and,
in the absence of some specific finding that the child is at risk if the
court orders a shared decision making arrangement, Kansas courts will order
what is termed “joint legal custody.”
“Joint legal custody” does not have anything to do with the person
with whom the child lives. It only has to do with decision making. The
alternative is “sole legal custody” and may be ordered by the court only in
those circumstances in which the court makes a specific finding that it is not
in the best interest of the child that a parent have the power to participate
equally in decision making regarding the child. Even if the court grants
“sole legal custody,” the parent not granted sole legal custody has the right
to obtain any and all information regarding the
child’s health, education and welfare unless the court makes an additional
specific finding that access to such information by the other parent would be
harmful to the child.
Second, “residency” or where the home in
which the child lives. Residency can be primarily with one parent or shared by
both parents. Kansas law does not require that the courts make any
“residency” finding – that is, Kansas law does not
require that the court designate either or both parents as residential custodians.
“Residency” is often used by parents and others as a
label, rather than for any helpful purpose and the courts have, therefore,
de-emphasized this designation in child custody orders.
Third, a schedule of “parenting time.” Kansas law requires that the
parents agree to or that the court order an appropriate schedule of parenting
time for both parents, unless the court specifically finds that the child
would be in danger. The time set out in agreements or orders that each parent
has with the child
is to protect both parents and the child from
misunderstandings.
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