How is legal custody determined?

In Kansas, legal custody is typically determined by the court, based on what is in the best interest of the child. When making a determination of legal custody, the court will consider a variety of factors, including the wishes of the child, the wishes of the parents, the relationship between the parents and the child, and any existing custody or parenting agreement. The court may also consider the parents’ ability to provide stability for the child, their ability to communicate and work together to make decisions, their ability to prioritize the best interests of the child, the child’s relationship with each parent, the parents’ home environment, and the mental and physical health of the parents. The court will also take into account the child’s physical safety and emotional security. The court may seek the opinion of professionals to aid in the decision, such as a social worker, guardian ad litem, or psychologist. Ultimately, the court will decide what is in the best interest of the child. Legal custody can be either joint legal custody or sole legal custody, depending on the decision of the court. In joint legal custody, both parents share decision-making authority concerning major decisions related to the welfare of the child. In sole legal custody, the custodial parent typically has the final say in major decisions and the non-custodial parent may be consulted.

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