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There are several ways custody arrangements can develop.
In Douglas County for example, the Parenting Plan master sheet lays out the details of custody arrangements. It even covers details such as how many hours the mother or father can share the child on holidays, such as Labor Day weekend.
According to the Douglas County District Court, “joint legal custody” is an arrangement where both parties cooperate to determine the child(ren)’s major life decisions - like the school they attend or what doctor they see - as long as they are made in the child(ren)’s best interests. The other option is “sole legal custody.” This grants one guardian the primary right to make these decisions on health and education. However, this does not negate the other parent's right to access information regarding the child(ren).
In Douglas County for example, the Parenting Plan master sheet lays out the details of custody arrangements. It even covers details such as how many hours the mother or father can share the child on holidays, such as Labor Day weekend.
According to the Douglas County District Court, “joint legal custody” is an arrangement where both parties cooperate to determine the child(ren)’s major life decisions - like the school they attend or what doctor they see - as long as they are made in the child(ren)’s best interests. The other option is “sole legal custody.” This grants one guardian the primary right to make these decisions on health and education. However, this does not negate the other parent's right to access information regarding the child(ren).
Genelle Belmas, a journalism professor at the University of Kansas, specializes in media law. We had the chance to sit down with her and get some insight on the topic. She explains what factors a court will actually take into account when determining custody between two parents. |
"The research I have done tends to focus around one of two areas...money and vices- for lack of a better term. And by vices I mean anything having to do with drugs, alcohol, criminal activity. "
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Although the child court system adheres to certain standards when determining child custody arrangements, sometimes the lines can get blurred.
Abby experienced a lack of oversight from the Department of Children and Families (DCF), which contradicted the expected guidelines of how the system should work. The custody arrangement between her and James was more ambiguous than rigidly defined, and her case worker offered no help in terms of stability. Abby explains more below about how the system actually worked for her.
Abusers are known as being manipulative. In situations where their relationship has ended, they look for ways to maintain control. Children are an easy target. A 1996 study conducted by the American Bar Association shows that “abusive parents are more likely to seek sole custody than nonviolent ones...and they are successful about 70% of the time.”
When an abusive parent is awarded custody, this constitutes a means for them to maintain intimidation and control over the child’s other parent. Abusers can attempt to take advantage of the legal system to achieve this goal. The legal system should safeguard victim families, but there are a number of ways that abusers can gain undeserved leverage. One of the system’s shortfalls was evident in Kansas Senate Bill 124, which was signed into law in May 2017. The bill’s purpose was to promote equity in child custody cases, but its controversial Friendly Parent provision is something that domestic violence advocates, like the KCSDV, have been fighting for years. In the organization’s written testimony in support of SB 124, it advocated for revisions of this Friendly Parent clause. Their director of Advocacy, Kathy Ray, speaks about this clause. |
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Kansas Senate Bill 257 is an even more recent bill that presents an opportunity for abusers to maintain familial control. It was introduced to the legislature in January 2018, and proposes that divorcing parents get equal time with kids by default. This bill attempts to mediate the loopholes of the system by providing general equity to both parents in custody proceedings. However, it overlooks extenuating circumstances that can vary from case to case, such as abusive behavior from a parent. In the context of domestic violence, this bill acts as a loophole in the system. Joyce Grover, executive director of the KCSDV, explains how the devastating the consequences can be when the law relegates children to a violent household. |