Understanding Child Custody Arrangements: What Works Best for Your Family
Dec. 26, 2024
Child custody arrangements are one of the most emotional aspects of divorce or separation. Having experienced divorce firsthand, I know how overwhelming it can feel to make decisions that are in the best interests of your children and family.
At Rundberg Law, LLC, I have devoted my legal practice to helping families in Kansas, including Overland Park, Johnson County, and the surrounding areas, find peaceful and practical solutions to their family law challenges.
Every family deserves support and guidance tailored to their situation. I have dedicated my career to helping families better understand child custody arrangements and work toward a solution that works best for the child and the parents.
What Is Child Custody?
Child custody refers to the arrangements made regarding a child’s care and upbringing following a divorce or separation. In Kansas, these arrangements are based on two primary types of custody: legal custody and physical custody.
Legal custody determines which parent has the right to make significant decisions about the child’s education, medical care, religious upbringing, and other significant aspects of life. On the other hand, physical custody involves where the child lives and the division of day-to-day caregiving responsibilities.
Custody arrangements are typically categorized into three main formats:
Joint custody: Joint custody tends to work best when both parents have a cooperative relationship and live relatively close. This can take the form of either joint legal custody, which allows both parents to participate in decision-making for their child, or joint physical custody, where the child spends substantial time living with both parents, though the split may not be 50/50.
Sole custody: Sole custody arrangements grant one parent full legal and/or physical custody of the child. The other parent may still receive visitation rights but won’t have the authority to make significant decisions or provide daily caregiving. This is often seen as a last resort if one parent is deemed unfit due to abuse or neglect.
Child Custody Laws in Kansas
Kansas family courts use the principle of acting in the “best interests of the child” to determine custody arrangements. This means the court strives to create an arrangement beneficial to the child’s physical, emotional, and developmental well-being. The main factors Kansas courts consider for child custody include:
Parental relationship: The court assesses each parent's willingness to co-parent and maintain a positive relationship with the other parent. Cooperation and open communication are highly valued.
Child’s best interests: Factors such as the child’s adjustment to home, school, and community, needs, and age or developmental stage play a role in custody decisions.
Parental history: Any evidence of domestic violence, neglect, criminal activity, or substance abuse by a parent can influence the court’s ruling. Kansas law takes these issues into serious consideration when determining custody arrangements.
Parenting rights: If one parent has sole legal custody, courts still strive to facilitate parenting time for the noncustodial parent unless it would harm the child.
Child’s preferences: For older children, their preferences may be considered, although this is not the sole determining factor.
Kansas law encourages joint custody arrangements whenever possible if it aligns with the child’s best interests. Courts may also recommend mediation to help parents reach an agreement without prolonged conflicts.
How to Determine What Works Best for Your Family
Deciding on the right custody arrangement ultimately depends on your family dynamics. Some questions to consider include:
What is your current co-parenting dynamic like?
How flexible are your and your ex-partner’s schedules?
Does your child have specific needs (medical, emotional, educational) that would make a certain arrangement more suitable?
Are you both committed to the idea of shared decision-making?
While joint custody is often considered ideal, it’s not a one-size-fits-all solution. For instance, if a co-parent frequently relocates or has an unpredictable work schedule, it may not be practical to split caregiving responsibilities evenly.
On the other hand, in high-conflict separations, sole custody with structured visitation might provide a more stable environment for the child.
Creating Stability for Your Children
When children are involved, maintaining stability becomes the most critical factor in any custody arrangement. You want your child to feel secure despite the changes that are happening at home.
This typically means creating a consistent schedule for visitation or custody exchanges and establishing open communication between co-parents.
It's also important to make transitions with sensitivity. Children may need time to adjust to visiting another home or seeing a parent intermittently. Always talk to your child in age-appropriate terms, offering reassurance that they’re loved and cared for by both parents.
Child Custody Attorney Serving Overland Park, Kansas
At Rundberg Law, LLC, I help families find favorable resolutions to challenging custody situations. My personal experience with divorce allows me to understand the complicated emotions and stress surrounding these issues.
Helping families make meaningful transitions and find solutions that benefit their children is a vital part of what I do every day. If you’re located in Overland Park, Johnson County, or surrounding Kansas areas, reach out to Rundberg Law, LLC for support.