Law Office Of Kari Nelson

"Helping the scales of justice balance in your favor."

Although children are not technically parties to divorce or paternity actions, they are deeply affected by changes that take place in families. Courts are expected to look out for the children's best interest. Courts make whatever orders the Judge finds necessary to protect the children. A Court 's orders will cover such items as child, custody, visitation with the children, and the support of the children.

Unless there are extenuating circumstances, the court will normally award the parents "joint legal custody" of the children. "Joint legal custody" means that both parents have equal rights and responsibilities regarding the children. However, even when joint legal custody is awarded, one parent will still usually be designated as the "residential" parent. The "residential parent is the parent with whom the children will live most of the time.

The other parent will be awarded "parenting time" with the children. The right to parenting time is as much the right of the child as it is the right of the non-residential parent. The purpose of parenting time is to permit the child to continue to have contact with both parents to as great an extent as possible. Specific guidelines for parenting time have been proposed in certain counties. These guidelines can be helpful in determining what is best for children of certain ages.

If parents can agree on issues concerning child custody and parenting time, a Court will normally approve this agreement as the Court usually views such an agreement as being in the children's best interest. However, if parents cannot agree to a specific parenting plan, there are avenues that are useful for resolving the conflict.

Child custody and parenting time issues tend to be very emotionally laden issues
and a lot of times it is beneficial for parties to consult a neutral third party such as a mediator to help parents negotiate a parenting plan beneficial for both parents and the children. Mediation tends to be very beneficial for parties and less expensive than other alternatives.

If mediation fails or if it is not a viable alternative, there are other more expensive
alternatives to work out parenting plans. Ultimately if the parents cannot reach an agreement a judge can listen to issues involving the children and order a specific parenting plan. This last alternative is if the most expensive and the least attractive, but at times it is the only alternative available to parents. Please discuss this and other options with your attorney.

Parents are obligated to provide for the financial needs of their children. It is the child's right to be supported and the Court will protect his right.

Kansas Courts have a "customary support" scale from which parents can estimate the amount of child support required.

The factors involved in the determination of the child support include the ages of the children, the number of children to be supported, the non-residential parent's income, the residential parent's income, any special educational or health needs of the children, and similar factors.

Child support is normally payable until the children reach the age of majority (in Kansas , 18 years old or the next June 30 if the child's 18^th birthday occurs while the child is attending high school). The obligation to pay child support may, by agreement between the parties, be continued beyond the age of majority to cover such matters as educational expenses in college and the like, but such an obligation cannot be imposed by the Court without the agreement of the parties.

The payment of child support, (whether temporary child support during the proceedings or permanent child support awarded in the divorce decree) should not be thought of as the equivalent to the purchase of a "ticket" to see the children. The child support obligation is owed to the residential parent and it is one which may be enforced by the court is payments are not made.

On the other hand, the residential parent does not have the right to deny parenting time simply because the other parent has not made child support payments. Denial of access to the children should not be used as a "lever" to enforce a financial obligation which exists between the parents.

The use of this website does not create an attorney-client relationship.  Although I hope the information contained on this website will be helpful, it should not be a substitute for legal advice from an attorney that has reviewed the intricacy of your case. 

 

Revised: 11/08/09