This pamphlet provides an overview of primary custody. Topics covered include what primary custody is, court evaluations, and how primary custody is chosen.
Kansas USLegal Pamphlet on Primary Custody
State:
Multi-State
Control #:
US-PMPH-16
Format:
Word;
Rich Text
Instant download
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FAQ
Try to get to the bottom of why your child doesn't want to spend time or stay with your co-parent. Let your child express their feelings to you without judgment. When it's your turn to respond, do so with kindness and understanding. Show them that you understand their concerns by considering those as a whole family.
The first thing you should do when a child refuses visitation is to notify the other parent as soon as possible. Let them know what's happening, and explain the situation as clearly as possible. Some custody orders include preferred communication methods, and you should notify them via that method when possible.
If the child is a teenager, the judge may be willing to consider the child's wishes as to residence and the child's reasons. There is no specific age when a child gets to decide where they live, but normally, the older the child, the more weight that child's desires are given by the court.
It's a common misconception that older children can refuse visitation with a non-custodial parent. On the contrary, until the child turns 18, the custodial parent must follow the visitation order and send the child for visitation. The only exception is if the parent believes the child is in immediate danger.
Here's how to handle parental favoritism: Try not to take it personally. This is tricky: being rejected hurts, and it does feel personal. ... Don't put the emotional burden on your child. ... Validate their feelings, empathize, and reassure. ... Know when to let it go. ... Schedule one-on-one time with each adult. ... Be patient.
To award sole legal custody to a parent, the judge must find that it is not in the child's best interests for both parents to have equal rights in making decisions about the child. The court record must include specific findings of fact supporting the decision to award sole legal custody.
Scenario #2: If Robert and Mary agree to a 50/50 split and both earn the same amount of money, there would be no child support paid or received. This is because there is no net difference between the two incomes.
Primary residential custody: The child lives primarily with one parent, with the other parent having visitation rights. Divided residential custody: One child lives with one parent and another child with the other parent. Each party has visitation with the child in the custody of the other parent.
