KANSAS

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NPO AFFILIATE | KS

STATE CHAIR: Chris Batcheller
VICE CHAIR: Maura Gathers
WEBSITE: KS Facebook Link

POSITIVES:

  • Kansas's PTA appropriately takes into account the effect of the PTA on both parents' households.

  • Kansas's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • Kansas's PTA has an extraordinarily and unjustifiably high threshold of 182 days.

  • Kansas's PTA has an extremely large discontinuity (or discontinuities), creating an extremely large cliff effect or multiple cliff effects.

  • Kansas's PTA significantly overestimates the fixed, duplicated costs involved in shared parenting.

2019 NPO Shared Parenting Report Card

WHY DID KANSAS RECEIVE A C-?

POSITIVES:

  • Kansas statutes express a preference for joint custody. KAN. STAT. ANN. § 23-3206

  • Kansas statute requires courts to consider “friendly parent” factors. “[T]he court shall consider all relevant factors, including, but not limited to: ... the willingness and ability of each parent to respect and appreciate the bond between the child and the other par- ent and to allow for a continuing relationship between the child and the other parent.” KAN. STAT. ANN. § 23-3203

NEGATIVES: 

  • Kansas statutes do not explicitly provide for shared parenting during temporary orders.

  • Kansas statutes, though they express a preference for joint legal custody, do not establish a rebuttable presumption that shared parenting (joint legal custody and shared physical custody) is in a child’s best interest.

  • Kansas has no statutory preference for, or presumption of, shared physical custody for temporary or final orders.

  • Kansas statutes have only a weak presumption with respect to parenting time. “A parent is entitled to reasonable parenting time unless the court finds, after a hearing, that the exercise of parenting time would seriously endanger the child’s physical, mental, moral or emotional health.” KAN.STAT.ANN.S 23-3208

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