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Custody & Visitation

 Wichita Child Custody Attorney

When you are going through a divorce, you want an attorney who can help you find a legal solution that also supports your faith. From child custody to visitation to adoption, we will help you explore all your options for the dissolution of your marriage while respecting your values. At the Wichita Weber Law Office, P.A., we have been handling custody and guardianship matters in the south central Kansas community for over 29 years.

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Child Custody

We know that any child custody agreement must be written to take into account the well-being of the child and your family values. With multiple options for child custody plans, we will help you find a custody and visitation plan that protects your parental rights and is tailored to the needs of your family. We will make every effort to work an agreement out amicably, but if it is necessary to go to court to fight for your child’s best interests, we are well prepared to litigate for the right solution.

Grandparents’ Rights for Children in Need of Care

There are occasions when a child is in need of care and the best solution is for a grandparent adoption. At Weber Law Office, P.A., we have over 29 years of experience handling family law matters such as grandparent adoption, stepparent adoption and parental adoption in a manner that is caring and respectful of your values.

We also handle:

Parenting Plans and Child Custody Factors

Under Kansas statute at K.S.A. § 23-3201, the overarching standard for Kansas courts in making child custody determinations is the best interest of the child. In most cases, if the divorce is uncontested, the parties have a prepared parenting plan that they will submit to the court. Parenting plans are usually presumed to be in the best interests of the child unless the court makes specific factual findings otherwise.

In making a child custody determination, the court has to consider all the relevant factors. Kansas statute at K.S.A. § 23-3203 provides a non-exclusive list of factors:

  • Each parent’s role and involvement with the minor child before and after separation;
  • The desires of the child’s parents as to custody or residency;
  • The desires of a child of sufficient age and maturity as to the child’s custody or residency;
  • The age of the child;
  • The emotional and physical needs of the child;
  • The interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child’s best interests;
  • The child’s adjustment to the child’s home, school, and community;
  • The willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;
  • Evidence of spousal abuse, either emotional or physical;
  • The ability of the parties to communicate, cooperate and manage parental duties;
  • The school activity schedule of the child;
  • The work schedule of the parties;
  • The location of the parties’ residences and places of employment;
  • The location of the child’s school;
  • Whether a parent is a registered sex offender;
  • Whether a parent has been convicted of abuse of a child;
  • Whether a parent is residing with an individual who is a registered sex offender; and
  • Whether a parent is residing with an individual, who has been convicted of abuse of a child.

Types of Child Custody Arrangements

Joint custody is one form of custody arrangement where both parents share in making major decisions concerning the child’s upbringing. The usual arrangement is for one parent to have residential custody, i.e., the child will reside primarily with one parent and will spend time with the other parent on some weekends and overnights, extended summer visits and holidays.

Another form of custody arrangement is shared physical custody, which occurs when the child lives with both parents in equal or nearly equal blocks of time. Shared physical custody requires parents to cooperate and is easiest when the parents live in proximity to each other.

Sole custody means that one parent makes all the major decisions regarding the child’s upbringing, and the child lives with that parent. The other parent may have specified visitation rights depending on the circumstances.

The court may order one child to live with one parent and another child with the other parent. This is a divided custody arrangement. Each party has visitation rights with the child in the custody of the other. This arrangement is used in exceptional cases.

Contact Us

The issue of child custody can be the most emotionally draining and most legally complex part of a divorce proceeding. It can also cause long, drawn-out conflicts between divorcing spouses. If you need representation in a child custody dispute, J. Joseph Weber of Weber Law Office, P.A.has years of experience in dealing with family law issues in Kansas, including child custody, and can provide you with a strategy for your best course of action.

Attorney J. Joseph Weber has an awareness of the delicate nature of child custody arrangements that comes from over 29 years of handling family law matters for individuals and families in the south central Kansas community. We understand that you have a right to work with a lawyer who shares your values and who can help you find solutions that are in the best interests of your children. Located in Wichita’s River Park Place, we are open weekdays and offer evening and weekend appointments for your convenience. Contact us today to discuss your family law matter.