Riley County Child Custody Lawyer
Serving Clients Throughout Northeast Kansas
At Jacobson & Fox, L.L.C., we are here to help address the needs of your child custody case. Kansas courts are mandated by the state legislature to make decisions regarding the custody of a child based on the “best interest” test.
Child custody cases can be complicated, and our attorneys want to help your family through the legal process. We are equipped with over 70 years of combined experience, and our top priority is to make sure that the needs of your child are served.
In deciding the custody situation for each child, the court will take a variety of factors into account. Throughout the process, the best interest of your child will be the court’s primary focus.
Under Kansas Law, There Are Two Things Most Often Considered When It Comes to Child Custody:
- Residential placement of the child – with which parent is the child going to reside on a day-to-day basis? Frequently both parents want to have their child or children live primarily with them. Most custody cases which go to trial are about who will have residential custody.
- Parenting Time - how much time is each parent going to have with the child and what will that schedule look like. Parents are sometimes unable to agree on a parenting time arrangement. Parenting Time is best decided by the parents but sometimes a trial court must decide this issue as well.
What Factors Go Into a Residential Custody Decision in Court?
A court’s decision on residential custody is based on what the court believes to be in the best interest of the child. There are a number of statutory factors a court has to consider in making that determination including, but not limited to, the emotional and physical needs of the child, the child’s adjustment to the child’s home, school and community, and the willingness and ability of each parent to respect the bonds that exist between the child and the other parent to allow a continuing relationship between the child and the other parent.
Do You Have to Pay Child Support if You Have 50/50 Custody in Kansas?
It is possible to have 50/50 custody and still have to pay child support in Kansas. This decision is because the judge will consider several factors when determining whether to order child support in KS, including the income of both parents, the cost of raising the child, and the time each parent spends with the children.
In some cases, even if parents have 50/50 custody, one parent may have a higher income than the other. In these cases, the judge may order the higher-income parent to pay child support to the lower-income parent. The court may also order child support if one parent has a significant amount of debt related to the child, such as medical bills or child care costs. Finally, the court may order child support if one parent cannot work because they care for the child.
If you are concerned about paying child support even if you have 50/50 custody, you should talk to our Riley County child support attorney. Our child support attorney can help you understand your legal rights and can help you negotiate a child support agreement that is fair to both you and your ex-spouse.