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Legal Information: Kansas


Laws current as of
November 15, 2023

How can I get temporary custody?

A parent could file for temporary custody as part of a custody proceeding as long as the parent files a proposed temporary parenting plan at the same time. The judge can approve a temporary parenting plan that includes one or more of the following:

  • who gets temporary legal custody of the child;
  • who gets temporary residence for the child;
  • allocation of parental rights and responsibilities regarding matters pertaining to the child’s health, education and welfare; and
  • a schedule for the child’s time with each parent, when appropriate.1

You can also ask for temporary custody, residency, and/or parenting time as part of an emergency or temporary protection from abuse order.2 However, the judge will not change an existing order of legal custody, residency, visitation or parenting time unless there is sworn testimony at a hearing that convinces a judge that there is a good cause or reason to do so.3

1 Kan. Stat. § 23-3212(b), (c)
2 Kan. Stat. §§ 60-3106(b); 60-3107(a)(4); 60-3105
3 Kan. Stat. § 60-3106(b)