Determining a child custody arrangement and parenting plan with a detailed parenting time schedule is one of the many issues parties are confronted with during a divorce. Custody issues can easily turn into the most contentious issues during the divorce. Courts in both Missouri and Kansas consider a list of statutory factors when determining the child custody arrangement. One of the most common misconceptions is that there is a magic age where children can decide with which parent they want to live or what the parenting schedule should be. This is not accurate, and prior to becoming adults, the [...]

Parents who are subject to a custody order in the state of Kansas must follow a specific procedure outlined by state law before they can move a child from the child’s principal residence for a period of more than ninety days. First, the parent moving with the child must give notice to the nonmoving parent at least thirty days in advance. That notice must consist of a letter, sent through restricted mail, return receipt requested, to the last known address of the other parent. (See K.S.A. 23-3222). If a parent fails to notify the other parent, he or she [...]

If you are involved in a family law matter in Missouri or Kansas concerning minor children, you may have heard of a Guardian ad Litem (“GAL”). The role of the GAL is very specific and dissimilar to the role of your own attorney in such matters. At the request of either party or on the Court’s own initiative, a GAL may be appointed where custody or parenting time is at issue between the parties. These proceedings can include divorce actions, paternity actions, adoptions, modifications, etc. Whereas the appointment of a GAL is usually discretionary with the Court, in Missouri, [...]

As the holidays approach, many parents in the process of divorce may be concerned about how a time of year centered on family will be handled now that the family is changing. While it is natural to want to have your children with you for every holiday every year, it is important for children to get to spend holiday time with each of their parents when their parents are no longer together. The parenting plan that you will prepare with your divorce attorney will have a parenting time schedule, which will include a specific schedule for all major holidays. [...]

Child custody and parenting time issues can be complex and emotional for parents. But parents aren’t always the only parties involved in child custody and visitation disputes. In some situations, grandparents may be denied the chance to see their grandchildren or may even want to obtain custody of their grandchildren. In both Missouri and Kansas, there are legal options, albeit limited, that can be pursued for grandparents who find themselves in these situations. In Missouri, grandparents can file for visitation with their grandchildren during or after a divorce or after the death of a parent. However, an award of [...]

For divorced or never married parents who are no longer together, there will likely come a time when one or both parents choose to introduce the children to a new dating partner. It is also common for one or both parents to remarry, adding stepparents to an already complicated co-parenting situation. While most parents make good decisions regarding who they bring around their children, it is not uncommon for a parent to be concerned about the impact the other parent’s relationships are having on the children. Sometimes, the concern is that multiple dating partners are abruptly entering and exiting [...]

Once the Court has entered a custody order in a prior divorce or other custody action, neither party can relocate with the minor child without notifying the other parent at least 60 days in advance of the relocation. The written notice must be sent via certified mail and must include the following information: The intended new residence with the specific address and mailing address. If the address is not known, the city the parent intends to relocate to; The home telephone number of the new residence, if known; Statement of specific reasons for the proposed relocation of the child; [...]

Of late, several states have decided to make moves toward giving both moms and dads equal time with their children. Missouri is one of those states. In other words, under current Missouri law, if parents are living in two separate households and need a custody order, the default will be a parenting plan where dad gets to have the kids in his home half of the time, and mom gets them the other half of the time. While 50-50 is not how it always works in practice, and there are exceptions to the rule, in general, a parent who has been [...]