Change To Current Custody Order 2017-09-06T03:44:00+00:00

CHANGE CUSTODY ORDER

A change to a custody order is called a Modification.  In Kansas, the best interest of the child is always given primacy when dealing with any custody issues. If after a time, either party wants to change a part of the custody order from the courts, they would attempt to “modify” the order with the courts.

Generally, unless the parties agree to the modification, the courts will modify an order if there is an issue with the order which negatively impacts the child’s best interest. The courts may look at the custodial parent’s ability to take care of the child, both mentally and physically.

A modification is a legal document filed when the Parenting Plan previously ordered by the court needs a change in physical custody or legal custody.

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Ideally the court wants both parents to co-parent and share in making decisions in relation to the child(ren), responsibilities associated with the child(ren) and have equal authority related to the health, education, and welfare of the child(ren),   The courts also want both parents to have a significant amount of time that the child(ren) live with each parent.

Parenting Plans are enacted to make sure children are permitted to spend adequate amounts of time with each parent regardless if the parents are married or not.  Parenting Plans protect parental rights of both parents to spend time parenting their child(ren).  Supervised visits or limited visitation is available when it isn’t safe for a child(ren) to be alone with a parent.  In very serious situations, some parents are not given any access to their children.

A modification to a Parenting Plan can be obtained when circumstances regarding the child(ren) has changed for the better or for the worse.  Sometimes parents overcome personal challenges in their lives and want to have access to their children again while sometimes a parent or concerned individual has a strong reason to believe that the current parenting plans expose the child(ren) to danger.  RS Law understands the family laws in Kansas and can guide you in making the best decisions for your family.

The court will base its decision on many factors before the court will award a modification of a Parenting Plan but ultimately, any modification must be for the safety and best interest of the child(ren).