Kansas Parenting Plan
A Kansas parenting plan sets out legal custody, residency, and parenting time that two parents ask the court to approve in the best interests of the child. Attorney review available.
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Introduction
A parenting plan is a written agreement two parents use to set out how they will share decision-making and parenting time with their children, whether they are divorcing, were never married, or need to change an existing Kansas order. Kansas has its own vocabulary for this. Instead of 'custody and visitation,' Kansas law speaks of legal custody, residency, and parenting time. A Kansas court determines legal custody, residency, and parenting time in accordance with the best interests of the child (Kansas Statutes Annotated Section 23-3201). Legal custody can be joint or sole: under joint legal custody the parties have equal rights to make decisions in the best interests of the child, while sole legal custody is ordered only when the court finds that equal decision-making is not in the child's best interests, and the court must state specific findings of fact on the record (K.S.A. 23-3206). Kansas builds the parenting plan into the process by statute. A parent asking for a temporary order about custody, residency, or parenting time must file a proposed temporary parenting plan with the request (K.S.A. 23-3212), and a permanent parenting plan must at a minimum designate the legal custodial relationship, set a schedule for the child's time with each parent when appropriate, and give a procedure for resolving disputes (K.S.A. 23-3213). DocDraft builds your Kansas parenting plan from your family's schedule, with attorney review available before you submit it to the court.
Key Things to Know
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A parenting plan is a written document in which two parents set out legal custody, residency, and parenting time for their children, whether the parents are divorcing, were never married, or are changing an existing order.
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Kansas does not use the words 'custody and visitation' for parents; it speaks of legal custody, residency, and parenting time, and a court decides all three in the best interests of the child (Kansas Statutes Annotated Section 23-3201).
- 3
In Kansas, legal custody can be joint or sole: under joint legal custody the parties have equal rights to make decisions in the child's best interests (K.S.A. 23-3206).
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Sole legal custody is ordered in Kansas only when the court finds equal decision-making is not in the child's best interests, and the court must state specific findings of fact on the record (K.S.A. 23-3206).
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Kansas requires a proposed parenting plan by statute: a parent seeking a temporary order about custody, residency, or parenting time must file a proposed temporary parenting plan with the request (K.S.A. 23-3212).
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A permanent Kansas parenting plan must at a minimum designate the legal custodial relationship, set a schedule for the child's time with each parent when appropriate, and provide a procedure to resolve disputes (K.S.A. 23-3213).
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Any parenting-education class requirement in Kansas comes from an individual judicial district's local rule rather than a statewide statute, so check the local rules of the district court where your case is filed.
Key decisions before you file
Before you file a Parenting Plan in Kansas, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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Kansas Requirements for Parenting Plan
Legal Custody, Residency, and Parenting Time
Kansas does not use the words custody and visitation for parents. It speaks of legal custody, the right to make major decisions; residency, where the child lives; and parenting time, the schedule with each parent. A Kansas court decides all three in the best interests of the child (Kansas Statutes Annotated Section 23-3201).
Best Interests of the Child Standard
A Kansas court determines legal custody, residency, and parenting time in accordance with the best interests of the child (K.S.A. 23-3201). Kansas does not set a fixed split; the court weighs each family's circumstances and the parents' proposals case by case.
Joint and Sole Legal Custody
Under joint legal custody in Kansas the parties have equal rights to make decisions in the best interests of the child. Sole legal custody is ordered only when the court finds equal decision-making is not in the child's best interests, and the court must state specific findings of fact on the record (K.S.A. 23-3206).
Proposed Parenting Plan Required by Statute
Kansas builds the parenting plan into the process. A parent seeking a temporary order about custody, residency, or parenting time must file a proposed temporary parenting plan with the request (K.S.A. 23-3212). Parents may also enter an agreed temporary parenting plan as part of a temporary order.
Permanent Parenting Plan Minimum Provisions
A permanent Kansas parenting plan must at a minimum designate the legal custodial relationship of the child, set a schedule for the child's time with each parent when appropriate, and provide a procedure by which disputes between the parents may be resolved (K.S.A. 23-3213). These are the statutory minimums, not the outer limit of what a plan may cover.
Decision-Making Detail
Your Kansas plan should state whether legal custody is joint or sole and how the parents will make major decisions about the children's education, health care, and religious upbringing. Under joint legal custody both parents share these decisions; sole legal custody places them with one parent (K.S.A. 23-3206).
Residency and Parenting-Time Schedule
Your plan should set the children's residency and the parenting-time schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. A clear schedule satisfies the K.S.A. 23-3213 requirement to set a schedule for the child's time with each parent when appropriate.
Court Approval and Parenting Class
A Kansas parenting plan takes effect only when the court approves it in the best interests of the child (K.S.A. 23-3201). Any parenting-education class requirement comes from the local rules of the judicial district where the case is filed, not a statewide statute, so check the district court's local rules.