Custody

A judge will make a custody, residency, or parenting time order based on what s/he thinks is in the best interest of the child. This is a list of some factors that a judge must consider when making a decision - however, these are not the only things the judge will consider. Anything else that is “relevant” should be considered as well:

• each parent’s role and involvement with the minor child before and after separation of the parents;
• what type of custody and residency the child wants (if the child is of sufficient age and maturity);
• what type of custody and residency the child’s parents want;
• the age of the child;
• the emotional and physical needs of the child;
• the relationship that the child has with each parent, sibling, and any other person who may significantly affect the child’s best interests;
• how the child has adjusted to his/her home, school and community;
• whether each parent is willing and able to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between them;
• evidence of spousal abuse, either emotional or physical;
• the ability of the parties to communicate, cooperate and manage parental duties;
• the school activity schedule of the child;
• the work schedule of the parties;
• the location of the child’s school;
• the location of the parties’ homes and places of employment;
• If a parent is a registered sex offender or is living with someone who is; and
• If a parent has been convicted of child abuse or is living with someone who has been.¹

¹ K.S.A. § 23-3203(a)