Legal Question in Family Law in Kansas

There are important differences in the two concepts:

Kansas Law now recognizes the following two types of legal custody arrangements:

A) Joint Legal Custody. This is the statutorily preferred situation wherein both parties have equal rights in the decision-making process concerning issues that affect the child. For example, this would include issues pertaining to education, religion and non-emergency medical treatment.

B) Sole Legal Custody. In this situation, one parent has the right to make the decisions in the best interests of the child. The court must make specific findings as to why sole custody is justified. The award of sole legal custody to one parent shall not deprive the other parent of access to information regarding the child (including school records) unless the court so orders.

The legal custody concepts above are different than the residental custody options described below:

Residential Custody refers to the physical place where the child or children will live.

Sometimes one parent is described as the primary residential custodian if the child(ren) live with him or her most of the time. It is not required to have a primary residential custodian anymore because the court can also award or approve an arrangement whereby both parents have equal time with the child(ren); this is shared residential custody. In some families, part of the children live with one parent and some with the other; this is divided residential custody.

Consult an experienced family law attorney to discuss your rights and options.