Child Custody Lawyers in Overland Park Keeping Your Family Together
Navigating the legal system can be a daunting task, especially when it comes to matters involving family law. If you find yourself in need of assistance with child custody or other family law issues, hiring a qualified lawyer is essential to achieving your desired outcome. Child custody lawyers in Overland Park are experienced professionals who understand the complexities and nuances of Kansas’s laws on families and children. With their help, you can protect your rights as a parent while ensuring that any decisions made regarding your children’s well-being are based on facts rather than emotion.
At Barnds Law LLC, our team is here to make sure that you have access to the resources necessary for the successful resolution of your case. Our Kansas-based attorneys for familial legal concerns focus on all areas related to divorce and separation including adoption, guardianship, alimony/spousal support orders, property division agreements, and more. We work closely with clients throughout Overland Park and surrounding areas. Whether you are seeking legal counsel due to an impending divorce or another issue concerning child custody and visitation rights, our team is ready to help. Call 913-514-0909 to get in touch with our law office about your child custody case.
What Kinds of Child Custody Are Available?
Child custody is a large part of family law and often requires the professional skill of a child custody lawyer. Child custody is typically divided into two categories: physical and legal. Physical custody means that one parent has the right to have the child live with them, while legal custody gives the parent the right to make decisions regarding their child’s upbringing, such as health care, education, or religion.
Joint physical and legal custody may be awarded by the court in a child custody proceeding. This means that both parents share responsibility for making decisions about their children and have equal access to them. Joint custody can be an attractive option for many families since it encourages ongoing communication between parents and is structured in such a way as not to strain relationships between children and either of their parents.
Courts categorize child custody into two types: physical custody (where the child lives) and legal custody (decision-making authority for the child).
Physical Child Custody
Physical custody regards where the child primarily lives and spends most of their time. It involves the day-to-day care and responsibility for the child’s physical well-being. There are two main types of physical child custody:
Sole Physical Custody
In this arrangement, the child primarily resides with one parent, and the other parent may have visitation rights or scheduled parenting time. The parent with sole physical custody is called the custodial parent, and they are responsible for the child’s daily care, including providing food, clothing, and shelter.
Joint Physical Custody
Joint physical custody means the child spends significant time with both parents and may have relatively equal time with each parent. This arrangement requires a high level of cooperation and communication between the parents to ensure a stable and consistent environment for the child.
Legal Child Custody
Legal custody pertains to the decision-making authority for the child’s life, including important matters such as education, healthcare, religious upbringing, and other major life choices. Like physical custody, legal child custody can also be sole or joint custody.
Sole Legal Custody
When one parent has sole legal custody, they have the exclusive right to make all significant decisions concerning the child’s upbringing without requiring input or agreement from the other parent. Courts often grant sole legal custody when they determine that joint decision-making is not in the child’s best interests due to conflict or other factors.
Joint Legal Custody
Joint legal custody means that both parents share decision-making authority for the child. They must collaborate and communicate effectively to reach a consensus on important matters affecting the child’s life. Courts generally favor joint legal custody as it promotes the involvement of both parents in the child’s upbringing and encourages cooperative parenting.
The courts may also decide upon sole custody and/or legal custody. In this case, only one parent has full decision-making rights over their child and has exclusive access to them. While this may be necessary for certain situations where it is not possible for joint custody and supervised visitation to work effectively, it can create hardships for both parents and children alike by limiting interaction between them. A visitation agreement includes a visitation schedule with a supervised partial physical custody parenting schedule.
Who Decides Child Custody?
When it comes to deciding child custody, the court’s paramount concern is doing what is in the best interests of the child. In determining the custodial parent, the court considers many factors including each parent’s physical and mental health, their ability to provide for the child financially and emotionally, and any prior agreements between the parents. Family law lawyers are an important part of helping these decisions be made fairly and quickly.
An experienced lawyer will take into account all relevant facts when representing clients in cases involving children. They may evaluate several variables including parenting time schedules and relocation requests. An attorney can also ensure that both parties comply with the child custody order regarding visitation rights or other important matters related to a child’s welfare.
To ensure that any situation involving child custody works out in a way that is fair for the former spouses, it is essential to consult with an experienced family law lawyer who will respect your wishes while working within the boundaries of the law. Our firm has just the people you need to secure a full custody decision in family court.
Is it Possible to Change a Child Custody Agreement?
For many parents, the idea of changing existing child custody arrangements is a daunting prospect. It may seem that nothing can be done to alter court orders or agreements put in place for the well-being of children. But it is possible to change the current arrangement through proper legal channels if certain circumstances are met.
If you believe your situation has changed and current custody arrangements need to be modified, it’s important to first consult with one of our lawyers. Your lawyer will review your case and advise you on whether or not a modification is feasible and how best to move forward with filing any necessary paperwork.
Some reasons for modification of child custody agreements include:
- A parent or child’s relocation
- Changes in work schedules that require one parent to have alternate parenting time
- Financial difficulties which could make shared custody unworkable
- Evidence of any abuse or neglect by either parent
- Domestic violence
Reevaluation of the original agreement may be necessary due to different individual needs that may have arisen since the initial order was put into place. If any such changes occur, we can work with you to create a solution.
How Do I Establish Child Custody in Overland Park If I Was Never Married?
Navigating the complexities of child custody can be challenging, especially if you were never married to your child’s other parent. However, it is crucial to understand that unmarried parents have the same rights and responsibilities as married couples regarding their children.
Understanding Child Custody Parental Legal Rights
First and foremost, it’s essential to comprehend your legal rights as an unmarried parent. Parents have legal custody rights and responsibilities to their children regardless of marital status, and both have equal custody and visitation rights in most jurisdictions unless a court decides otherwise.
The court primarily considers the child’s best interests when determining child custody arrangements. The court reviews factors such as the child’s age, emotional bond with each parent, household stability, and each parent’s ability to provide for the child’s physical and emotional needs. As you present your case, focus on how your proposed arrangements will benefit your child.
Seek Guidance From Experts
Mediation And Therapy
Parents can often resolve custody matters amicably through mediation and open communication, which may benefit from also attending therapy. Mediation allows both parties to work together to create a mutually agreeable parenting plan without involving the courts. This approach can be beneficial as it reduces stress and financial burden while keeping the child’s best interests at the forefront.
If you have not legally established paternity through testing, it is crucial to do so. Paternity gives unmarried fathers the right to pursue custody and visitation rights. The process typically involves DNA testing and legal documentation, which family courts or state agencies can facilitate. Once paternity is established, you can proceed with other child custody aspects.
Given the complexity of family law, seeking legal counsel is highly recommended when establishing child custody. An experienced family lawyer will provide invaluable guidance, explain your rights, and assist you throughout the legal process. A competent attorney can also help you draft a comprehensive parenting plan to demonstrate your commitment to your child’s well-being.
Drafting A Parenting Plan
A parenting plan is a written agreement outlining the responsibilities and schedule of each parent regarding the child’s upbringing. It should cover all aspects of the child’s life, including physical custody, visitation rights, decision-making authority, education, healthcare, and any specific needs the child may have. A well-thought-out parenting plan demonstrates your commitment to your child’s well-being and may serve as a reference for future disputes.
Filing For Child Custody
If mediation fails to yield an agreement or is not an option, you may need to file a petition for child custody in family court. Ensure that all necessary paperwork is completed accurately and submitted promptly. During the court proceedings, be prepared to present evidence supporting your claim for custody and demonstrate your financial capability to support the child.
What Can a Child Custody Attorney Do for Me?
Child custody attorneys can advise their clients on options such as mediation or collaborative divorce which might enable them to resolve conflicts without going through expensive litigation. They also help clients understand their rights and obligations under state laws governing custody and parenting time issues. Through these services, family lawyers play a vital role in ensuring that both parents get fair consideration during proceedings that involve financial arrangements or decisions about where a child will live.
The ultimate goal is happiness for the children. Our child custody attorneys are dedicated to helping protect the best interests of children who are embroiled in custody disputes by making sure that both parties work together towards mutually beneficial outcomes for everyone involved. If you need help with a family law matter, call 913-514-0909 for a consultation.