When you realize your marriage has reached its end, there are many different elements you have to prioritize all at once. You don’t want to end up ignoring certain factors until they become a genuine problem. One of the most important elements of a divorce involving children is the potential custody battle you could end up facing. You may want to consider focusing on ensuring your children’s lives are not significantly disrupted. A Kansas City divorce lawyer can help you.
There are many different situations you have to consider when facing a divorce, including asset division, alimony, and, of course, child custody arrangements. Do not make any decisions that could be seen as vindictive or not in your children’s best interests. You want to make sure you are doing everything for your kids.
Make Sure You Hire a Lawyer
One of the most important decisions you can make during a divorce is hiring the right divorce lawyer to represent your interests and make sure you stay focused on what comes after. The right lawyer’s help can make all the difference, especially if your spouse chooses to be vindictive and contest the divorce. The legal team at Stange Law Firm represents clients all across the country. We have helped countless individuals with their divorce struggles, and we can help you, too.
It may be helpful for you to recognize and understand the rates of divorce and marriage throughout the state. At the very least, the numbers may help validate your decision to end your marriage.
According to recent data from the Centers for Disease Control (CDC), Kansas has a low divorce rate of just 1.7 per 1,000 residents as of 2023. In contrast, Kansas has a high marriage rate of 5.3 per 1,000 residents as of 2023, according to the Kansas Department of Health and Environment.
There is nothing wrong with asking for help when you really need it. If you have never been through a divorce or a custody battle before, the entire process can easily get overwhelming. You may want to consider speaking with a local divorce support group like DivorceCare or Surviving Divorce. Being around like-minded individuals who are going through their own divorce-related problems can be beneficial to you. It’s good to have a judgment-free zone where you can vent.
Things to Consider in a Custody Battle
The divorce process can be a difficult and complex situation to endure on its own before bringing a custody battle into the mix. A custody battle can often be the most emotional and challenging aspect of a divorce. If you are not careful, there is a chance you could lose partial or full custody of your children.
That is why it’s so important to hire a lawyer and let them handle the details of your case. There are some things you may want to consider while fighting a custody battle.
The most important thing to keep in mind is the duty of the Kansas family court. Above all, the court has to prioritize the well-being of the child. Their welfare is more important than anything, including you or your spouse’s proposed parenting plan or custody requests. The court may choose to give you a court-ordered plan instead that ensures the child is taken care of.
The last thing you want to do is inadvertently give your former spouse a case for parental alienation. This occurs when one parent deliberately speaks ill of the other parent in an effort to turn the children against that parent, using threats, lies, and even bribes in some cases. While not illegal, parental alienation can seriously impact the custody agreement in favor of the alienated parent.
FAQs
Q: Can a Lawyer Help Me With a Custody Battle?
A: Yes, a lawyer can help you with a custody battle. The more legal help you have on your side, the higher your chances of successfully winning your custody battle and emerging from your divorce relatively unscathed. Divorces are often unpredictable, and you should have someone on your side who understands how high the stakes are for you. The right lawyer’s help can prove indispensable.
Q: Can I Modify a Custody Agreement in Kansas?
A: Yes, it is possible to modify a custody agreement in Kansas. You will need to file a Motion for Modification with the court that issued the first order. Be sure to provide evidence that the change you are requesting is in the child’s best interests. It is fairly common to modify an existing agreement. This happens due to a need to relocate, a substantial health issue, or just a change in either parent’s work schedule.
Q: Are Parenting Plans Legally Enforceable?
A: Yes, parenting plans are legally enforceable by the family court. A parenting plan becomes a legally-binding document when it is approved by the court. If either parent fails to abide by that plan, the other parent can take them to court. The resulting legal fallout could result in a loss of custody or even a contempt of court charge.
Q: Which Parent Will Get Primary Custody?
A: It may not be possible to tell which parent will get primary custody in a custody battle. Neither parent is immediately viewed as the caregiver by Kansas state law. Sometimes, mothers do have a general edge over fathers due to stereotypes and outdated views. The court is supposed to weigh all the evidence and decide on a custody arrangement that benefits the child. Most of the time, they will push for a joint custody arrangement.
Reach Out to a Child Custody Lawyer Today
Our legal team at Stange Law Firm knows that it can be difficult to face your spouse in a custody battle while also working through a divorce. It’s easy to get overwhelmed if you don’t have the right kind of legal help by your side. We can provide you with the resources you need to work through every aspect of your case. Contact us to speak to a member of our team about how we can help.