Legal Question in Family Law in Kansas

Child Custody

I was recently divorced. My X stayed in the house which we are trying to sell and I moved to an apartment. He has ''Primary Residence'' but we share custody 50/50. I have home schooled our 4 children up to this time and now he wants to take this from me. He wants the kids to stay with him every day and do school work and I will only get to see them in the evenings for a few hours and only one of them will stay with me on the weekends. Does ''Primary Residency'' give him the right to make these decisions and force them on me?


Asked on 10/13/08, 12:40 pm

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith

Re: Child Custody

You have multiple overlapping issues. The concepts of "primary residence" and "shared custody" appear to be in conflict, although I assume you mean he lives in the house. If he is taking action that unilaterally changes the way the children have been educated, that would be in violation of the "joint legal custody" concept. Consult an experienced family law attorney. Primary residency (a statement of where the children spend most of their time) does not overrule joint legal custody (the decision-making process).

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Answered on 10/13/08, 3:42 pm


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