How does a court decide who gets custody of the children in a divorce?

In Kansas, the court will decide who gets custody of the children in a divorce based on the best interests of the child. The court will consider several factors when making a decision, including the parents’ abilities to provide a safe and stable home, the relationship between each parent and the child, any potential impact of the custody arrangement on the child’s physical, mental, and emotional health, any evidence of domestic violence, and the child’s wishes if the child is mature enough to make an informed decision. The court may grant sole legal custody to one parent, which grants the parent the right to make all major decisions about the child’s upbringing. The court may also grant joint legal custody, which grants both parents the right to make major decisions about the child’s upbringing. The court may also grant sole physical custody, which grants one parent the right to have the child live with him/her, or joint physical custody, which grants both parents the right to have the child live with them for a certain amount of time. The court may also issue a permanent custody order, which binds both parents to follow the custody agreement until a specified age, typically 18, or until further court orders are made. The court may also issue a temporary custody order, which binds both parents until the court issues a permanent order. The court may also appoint a Guardian Ad Litem, an individual hired to represent the best interests of the child. The court will consider any recommendations made by the Guardian Ad Litem when making a decision.

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