Kansas Custody and Visitation Law
There are no published cases dealing with lesbian, gay, bisexual or transgender parents. State law, however, does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations. There are no reported or published opinions dealing with same-sex co-parents.
Custody and Visitation for Lesbian, Gay, Bisexual and Transgender Parents
Kansas law states: “The court shall determine custody or residency of a child in accordance with the best interests of the child. If the parties have entered into a parenting plan, it shall be presumed that the agreement is in the best interests of the child. This presumption may be overcome and the court may make a different order if the court makes specific findings of fact stating why the agreed parenting plan is not in the best interests of the child. In determining the issue of child custody, residency and parenting time, the court shall consider all relevant factors, including but not limited to: (i) The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto; (ii) the desires of the child’s parents as to custody or residency; (iii) the desires of the child as to the child’s custody or residency; (iv) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child’s best interests; (v) the child’s adjustment to the child’s home, school and community; (vi) 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; and (vii) evidence of spousal abuse.
“A parent is entitled to reasonable parenting time unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral or emotional health.”
Citation: KAN. STAT. ANN. §60-1616.
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Last Updated: 10/18/2005