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Legal Statutes: Kansas

UPDATED September 26, 2017

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Article 32. Custody, Residency and Parenting Plans

back to top23-3203. Factors considered in determination of child custody, residency and parenting time

(a) In determining the issue of legal custody, residency and parenting time of a child, the court shall consider all relevant factors, including, but not limited to:

(1) Each parent's role and involvement with the minor child before and after separation;

(2) the desires of the child's parents as to custody or residency;

(3) the desires of a child of sufficient age and maturity as to the child's custody or residency;

(4) the age of the child;

(5) the emotional and physical needs of the child;

(6) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;

(7) the child's adjustment to the child's home, school and community;

(8) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;

(9) evidence of domestic abuse, including, but not limited to:

(A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate partner or household member; or

(B) an act of domestic violence, stalking or sexual assault;

(10) the ability of the parties to communicate, cooperate and manage parental duties;

(11) the school activity schedule of the child;

(12) the work schedule of the parties;

(13) the location of the parties' residences and places of employment;

(14) the location of the child's school;

(15) whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law;

(16) whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto;

(17) whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; and

(18) whether a parent is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto.

(b) To aid in determining the issue of legal custody, residency and parenting time of a child, the court may order a parent to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and may order such parent to follow all recommendations made by such program.

Laws 2011, ch. 26, § 20, eff. July 1, 2011; Laws 2014, ch. 116, § 9, eff. July 1, 2014; Laws 2016, ch. 102, § 7, eff. July 1, 2016; Laws 2017, ch. 58, § 2, eff. July 1, 2017.