Can a parent who committed abuse get custody, residency, or parenting time?
If the other parent committed abuse, it doesn’t necessarily mean that the parent will not get any rights of legal custody, residency, and parenting time. A judge will consider many factors to decide what is in the child’s best interest, including these factors that relate to abuse:
- Did the parent committed “domestic abuse,” which the law defines as:
- a pattern or history of physically or emotionally abusive behavior, or the threat of either, that the abuser uses to gain or keep control over you;
- an act of domestic violence, stalking or sexual assault?
- Was the parent criminally convicted of child abuse or is s/he a registered sex offender?
- Was someone the parent lives with criminally convicted of child abuse or is s/he a registered sex offender?1
Note: To help the judge decide legal custody, residency and parenting time, the judge can order a parent to undergo a domestic violence offender assessment and to follow all recommendations made by the program doing the assessment.2
1 Kan. Stat. § 23-3203(a)(9), (a)(15)-(a)(18)
2 Kan. Stat. § 23-3203(b)