23-3203. Factors considered in determination of legal custody, residency and parenting time of a child.

457 words·~2 min read·/ks/chapter-23/23-3203

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In determining the issue of legal custody, residency and parenting time of a child, the court shall consider all relevant factors, including, but not limited to:

(1)Each parent's role and involvement with the minor child before and after separation;

(2)the desires of the child's parents as to custody or residency;

(3)the desires of a child of sufficient age and maturity as to the child's custody or residency;

(4)the age of the child;

(5)the emotional and physical needs of the child;

(6)the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;

(7)the child's adjustment to the child's home, school and community;

(8)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;

(9)evidence of domestic abuse, including, but not limited to:

(A)A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate partner or household member; or

(B)an act of domestic violence, stalking or sexual assault;

(10)the ability of the parties to communicate, cooperate and manage parental duties;

(11)the school activity schedule of the child;

(12)the work schedule of the parties;

(13)the location of the parties' residences and places of employment;

(14)the location of the child's school;

(15)whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law;

(16)whether a parent has been convicted of abuse of a child, K.S.A. 21-3609 , prior to its repeal, or K.S.A. 21-5602 , and amendments thereto;

(17)whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; and

(18)whether a parent is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609 , prior to its repeal, or K.S.A. 21-5602 , and amendments thereto.

(b)To aid in determining the issue of legal custody, residency and parenting time of a child, the court may order a parent to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and may order such parent to follow all recommendations made by such program.