When you get divorced, one of the hardest parts of the entire process is protecting your kids. Depending on the cause of the divorce, it can be difficult to be entirely honest with them about why this is happening. If you aren’t careful, your spouse may try to spin a different story in an attempt to turn them against you. You have to be smart and act accordingly if you want to win the custody battle. A Topeka divorce lawyer can help you wage the right kind of legal battle.

In a divorce, you have to prioritize your children’s welfare while also doing what you can to avoid being taken advantage of by your former spouse. There’s a strong chance that you will have to co-parent with them once this is all over. Don’t give the court any reason to doubt your intentions or to think you are not a stable, reliable parent. That’s why it’s so important to have a lawyer by your side. With their help, you can focus on being present for your kids.

Hiring an Experienced Lawyer

One of the most important decisions you can make for your case is hiring the right kind of lawyer to represent you. You will want to hire someone with considerable experience handling cases like yours, as well as someone who is well-versed in Kansas divorce laws. The legal team at Stange Law Firm can provide you with a compassionate and personalized approach to your case. Our multi-state team has helped countless clients across the country with their divorces.

Understanding the rates of divorce and marriage in the state of Kansas can help your case. It can help you feel less alone by giving you some much-needed perspective. According to information from the Centers for Disease Control and Prevention (CDC), Kansas has one of the lowest rates of divorce in the country at just 1.7 per 1,000 residents as of 2023. The marriage rate is average at just 5.3 per 1,000 residents as of 2023, according to the Kansas Department of Health and Environment. 

Figuring out what to do about your divorce is not going to be easy. It’s understandable to feel overwhelmed, confused, betrayed, and even a bit scared. You should prioritize your mental health above all else. 

During this time, you might want to consider reaching out to a local divorce support group like Relationship Recovery or DivorceCare. Talking to the right people can change your perspective on your case and give you a chance to voice your concerns and fears.

Fighting a Custody Battle

As you move through your divorce, one of the most difficult and stressful elements of the process is ensuring you don’t lose big in the custody battle. The court will generally try to push for joint custody, which ensures that both parents maintain equal responsibility for raising their children. However, in certain cases, joint custody may not be an option, and you will need to figure out a parenting plan with your ex. These are some things to prioritize in a custody battle:

  • The thing that matters most is your child’s welfare. This will always be the court’s number one priority. To ensure the child’s interests are protected, the court may refuse your requests and those of your spouse if they fail to align with those interests. To determine what the child needs, the court will investigate the child’s current living situation, both parents’ financial situations, and any history of abuse or neglect.
  • Be sure to document all of your efforts to maintain a safe and secure environment for your child. Save photos, social media posts, videos, and journal entries that promote your active involvement. Show that you can provide a clean and consistent home for your child, as that can go a long way toward a favorable custody arrangement for you. Stay involved in your child’s school and extracurricular activities. Consistency is key.

FAQs

Q: Which Parent Will Get Custody of the Child?

A: In Kansas, neither parent is automatically seen as the primary custodian before an investigation is done by the court. Gender does not come into play. The court will always act in the interests of the child, and that may include refusing your desires or those of your spouse. The court will consider a variety of factors before reaching its conclusion about custody, including each parent’s willingness to step up. It’s likely the court will try to push for joint custody.

Q: What Is a Parenting Plan?

A: A parenting plan is a legally binding document that lays out the exact expectations and duties of each parent following a divorce. It includes a schedule for each parent’s time with the child, procedures for resolving parental disputes, and plans for holidays, among other factors. Your lawyer can help you draft a parenting plan that both parents can accept. The court will expect both parents to develop one, or they will establish one for you if you cannot make one together.

Q: Can I Modify a Custody Arrangement in Kansas?

A: Yes, it is possible to modify a custody arrangement in Kansas. However, in order to do that, you have to show that there has been a significant change in circumstances since the original order was drafted and that the modification is in the interests of the child. These changes can include a significant change in income, a need to relocate, or newfound evidence of abuse or neglect from the other parent, among other possible changes.

Q: Should I Hire a Lawyer for a Custody Battle?

A: Yes, you should absolutely hire a lawyer for a custody battle. You should never take any chances when it comes to your kids. If you aren’t careful, it’s possible you could lose custody entirely if your spouse decides to pursue full custody. An experienced divorce lawyer can assist you in defending your position and building a strong case for you when it comes to custody.

Contact a Lawyer Today

At Stange Law Firm, we can help you with your custody battle. Contact us to speak to a member of our team about how we can help.