Modifying Child Custody Orders in Kansas: What You Need to Know

Child custody is a difficult issue that many parents face. Things may change over time, may it be circumstances or preferences, and modifying a child custody order becomes necessary. It is crucial to understand the legal process and requirements for modifying the order to ensure that your child’s best interests are prioritized. In this blog post, we will cover the essential components of modifying a child custody order in Kansas.

Reasons for Modifying a Child Custody Order

To obtain a modification of a child custody order, there must be a substantial change in circumstances. This means that the circumstances that existed at the time the original order was entered have changed, and those changes are significant enough to warrant a modification. Some common reasons for modification include the following:

• Relocation
• Change in financial circumstances
• Medical needs of the child
• Incarceration of a parent
• Substance abuse and addiction problems
• Neglect or abuse of the child
• Parental misconduct

It is essential to consult a family law attorney to determine if your reason for modification meets the legal requirements.

How to Apply for a Modification in Kansas

The modification of a child custody order does not happen automatically. A parent must file a motion with the court requesting the modification. The parent must explain the substantial change in circumstances that has occurred and why the modification is in the best interest of the child. If both parents agree to the modification, the court will likely approve it. However, if the parents do not agree, the court will hold a hearing to consider the motion.

Timing is Important

It is important to note that a parent cannot file a motion for modification of a child custody order anytime they want. Instead, the parent must wait until a certain amount of time has passed since the last custody order was entered. In Kansas, a parent must wait at least two years from the date of the last order before filing a motion for modification, unless the court finds that the child’s present environment endangers the child’s physical or emotional health or impairs the child’s emotional development.

Best Interest of the Child Standard

Kansas courts weigh the child’s best interests when considering a modification motion. The court will examine various factors, including the child’s relationship with each parent, the stability of each parent’s home environment, and the child’s education, physical, and emotional needs. The court may also consider the child’s preferences if the child is of appropriate age and maturity.

Legal Assistance during Modification Process

The process of modifying a child custody order can be complex and time-consuming, often involving courtroom hearings, testimonies, and legal paperwork. It is crucial to have the assistance of an experienced family law attorney to guide you through the process. A qualified attorney will ensure that your rights are protected and that your child’s best interests are prioritized.

Modifying a child custody order in Kansas can be a challenging and long process. It is essential to understand the legal requirements, reasons for modification, how to apply, and the best interests of the child standards. A family law attorney, such as the attorneys at Colgan Law Firm, LLC, can provide the necessary legal assistance you need to protect your rights and your child’s best interests.

With years of experience in child custody matters, Colgan Law Firm, LLC, proudly serves clients throughout Johnson, Leavenworth and Wyandotte counties. Contact us to schedule a consultation, and we will help you navigate the process and achieve the best possible outcome. Call us today at 913-349-9458.