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Legal Information: Kansas


November 15, 2023

How will a judge make a decision about legal custody, residency, and parenting time?

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. The judge must consider the following factors:

  • 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 to offer an opinion;
  • 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 domestic 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;
  • if a parent has been convicted of child abuse or is living with someone who has been; and
  • any other relevant factor.1

1 Kan. Stat. § 23-3203(a)