What is custody? What types of custody are there?
In Kansas, legal custody deals with dividing up parenting responsibilities, including decision-making rights and responsibilities on matters of health, education and welfare.1 Custody should not be confused with residency, which involves the physical placement of the child. In Kansas, there are two types of legal custody, joint and sole.
With joint legal custody, both parents have the right to make the decisions relating to the child’s health, education, and religious training. With sole legal custody, only one parent has the right to make those decisions but the other parent can still access information regarding the child unless a judge orders otherwise.
Joint legal custody is preferred in Kansas. If a judge decides to grant sole legal custody, s/he must specifically say in the court record why this decision was made and why it is in the best interests of the child.2
1 Kan. Stat. § 23-3211(c)
2 Kan. Stat. § 23-3206