I need clarification. (Legal issue)

[acesn8s]

Some time ago I read that the State of Kansas has stopped calling parenting time "visitation" if both parents have joint custody. I need to know if this is correct and if I can get this information online. I need to show proof of such action via email to an uneducated, unintelligent, uncooperative, self centered, manipulative fat-assed bitch.

The reason for the need of this info is because my ex-wife wants a few agreements writen as "visitation" and not "custody". I'm sorry but I do not "visit" my children nor do they "visit" Joie and me.

[HMc]

if you send her a vid of you and joie doing anal nothing will change but you'll have fun making the vid

[Smed1065]

First step is to mellow and think it out first. I can understand the frustration but it is in your best interest to be answered by a paid lawyer at this point. Not CP.

[Spott]

http://gdgrifflaw.typepad.com/kansas_family_law_/2005/08/types_of_custod.html

Joint Custody

Parents who don't live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be:

* joint legal custody

* joint physical custody (where the children spend a significant portion of time with each parent), or

* joint legal and physical custody.

It is common for couples who share physical custody to also share legal custody, but not necessarily the other way around.

When parents share joint custody, usually they work out a schedule according to their work requirements and housing arrangements and the children's needs. If the parents cannot agree on a schedule, the court will impose an arrangement. A common pattern is for children to split weeks between each parent's house or apartment. Other joint physical custody arrangements include:

* alternating months, years, or six-month periods, or
* spending weekends and holidays with one parent, while spending weekdays with the other.

Joint custody has the advantages of assuring the children continuing contact and involvement with both parents. And it alleviates some of the burdens of parenting for each parent. There are, of course, disadvantages:

* Children must be shuttled around.
* Parental noncooperation or ill will can have seriously negative effects on children.
* Maintaining two homes for the children can be expensive.

If you do have a joint custody arrangement, maintain detailed and organized financial records of your expenses. Keep receipts for groceries, school and after-school activities, clothing, and medical care. At some point your ex may claim she or he has spent more money on the kids than you have, and a judge will appreciate your detailed records.






There's plenty of info online about this subject, just google state of Kansas joint custody and it will bring up a ton of websites.

[Gonzo]

Some time ago I read that the State of Kansas has stopped calling parenting time "visitation" if both parents have joint custody. I need to know if this is correct and if I can get this information online. I need to show proof of such action via email to an uneducated, unintelligent, uncooperative, self centered, manipulative fat-assed bitch.

The reason for the need of this info is because my ex-wife wants a few agreements writen as "visitation" and not "custody". I'm sorry but I do not "visit" my children nor do they "visit" Joie and me.

I got my Cow-Elk license this year. Could game and parks tell the difference? :thumb:

[banyon]

It sounds lke you are talking about a parenting plan and not a visitation plan or the custody arrangement per se.

This is the controlling Kansas Statute, AFAICT (though I am not a family lawyer (I did do a couple of divorces though):

60-1610

(2) Child custody and residency. (A) Changes in custody. Subject to the provisions of the uniform child custody jurisdiction and enforcement act (K.S.A. 38-1336 through 38-1377, and amendments thereto), the court may change or modify any prior order of custody, residency, visitation and parenting time, when a material change of circumstances is shown, but no ex parte order shall have the effect of changing residency of a minor child from the parent who has had the sole de facto residency of the child to the other parent unless there is sworn testimony to support a showing of extraordinary circumstances. If an interlocutory order is issued ex parte, the court shall hear a motion to vacate or modify the order within 15 days of the date that a party requests a hearing whether to vacate or modify the order.

(B) Examination of parties. The court may order physical or mental examinations of the parties if requested pursuant to K.S.A. 60-235 and amendments thereto.

(3) Child custody or residency criteria. The court shall determine custody or residency of a child in accordance with the best interests of the child.

(A) If the parties have entered into a parenting plan, it shall be presumed that the agreement is in the best interests of the child. This presumption may be overcome and the court may make a different order if the court makes specific findings of fact stating why the agreed parenting plan is not in the best interests of the child.

(B) In determining the issue of child custody, residency and parenting time, the court shall consider all relevant factors, including but not limited to:

(i) The length of time that the child has been under the actual care and control of any person other than a parent and the circumstances relating thereto;

(ii) the desires of the child's parents as to custody or residency;

(iii) the desires of the child as to the child's custody or residency;

(iv) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;

(v) the child's adjustment to the child's home, school and community;

(vi) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;

(vii) evidence of spousal abuse;

(viii) whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in any other state, or under military or federal law;

(ix) whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto;

(x) whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; and

(xi) whether a parent is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto.

(C) Neither parent shall be considered to have a vested interest in the custody or residency of any child as against the other parent, regardless of the age of the child, and there shall be no presumption that it is in the best interests of any infant or young child to give custody or residency to the mother.

(D) There shall be a rebuttable presumption that it is not in the best interest of the child to have custody or residency granted to a parent who:

(i) Is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901, et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; or

(ii) is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, and amendments thereto.

(4) Types of legal custodial arrangements. Subject to the provisions of this article, the court may make any order relating to custodial arrangements which is in the best interests of the child. The order shall provide one of the following legal custody arrangements, in the order of preference: (A) Joint legal custody. The court may order the joint legal custody of a child with both parties. In that event, the parties shall have equal rights to make decisions in the best interests of the child.

(B) Sole legal custody. The court may order the sole legal custody of a child with one of the parties when the court finds that it is not in the best interests of the child that both of the parties have equal rights to make decisions pertaining to the child. If the court does not order joint legal custody, the court shall include on the record specific findings of fact upon which the order for sole legal custody is based. The award of sole legal custody to one parent shall not deprive the other parent of access to information regarding the child unless the court shall so order, stating the reasons for that determination.

(5) Types of residential arrangements. After making a determination of the legal custodial arrangements, the court shall determine the residency of the child from the following options, which arrangement the court must find to be in the best interest of the child. The parties shall submit to the court either an agreed parenting plan or, in the case of dispute, proposed parenting plans for the court's consideration. Such options are:

(A) Residency. The court may order a residential arrangement in which the child resides with one or both parents on a basis consistent with the best interests of the child.

(B) Divided residency. In an exceptional case, the court may order a residential arrangement in which one or more children reside with each parent and have parenting time with the other.

(C) Nonparental residency. If during the proceedings the court determines that there is probable cause to believe that the child is a child in need of care as defined by subsections (d)(1), (d)(2), (d)(3) or (d)(11) of K.S.A. 2007 Supp. 38-2202, and amendments thereto, or that neither parent is fit to have residency, the court may award temporary residency of the child to a grandparent, aunt, uncle or adult sibling, or, another person or agency if the court finds by written order that: (i) (a) The child is likely to sustain harm if not immediately removed from the home;

______________________
60-1615. Information relating to custody or residency of children; visitation or parenting time with children. (a) Investigation and report. In any proceeding in which legal custody, residency, visitation rights or parenting time are contested, the court may order an investigation and report concerning the appropriate legal custody, residency, visitation rights and parenting time to be granted to the parties. The investigation and report may be made by court services officers or any consenting person or agency employed by the court for that purpose. The court may use the department of social and rehabilitation services to make the investigation and report if no other source is available for that purpose. The costs for making the investigation and report may be assessed as court costs in the case as provided in article 20 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.

(b) Consultation. In preparing the report concerning a child, the investigator may consult any person who may have information about the child and the potential legal custodial arrangements. Upon order of the court, the investigator may refer the child to other professionals for diagnosis. The investigator may consult with and obtain information from medical, psychiatric or other expert persons who have served the child in the past. If the requirements of subsection (c) are fulfilled, the investigator's report may be received in evidence at the hearing.

(c) Use of report and investigator's testimony. The court shall make the investigator's report available prior to the hearing to counsel or to any party not represented by counsel. Upon motion of either party, the report may be made available to a party represented by counsel, unless the court finds that such distribution would be harmful to either party, the child or other witnesses. Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. In consideration of the mental health or best interests of the child, the court may approve a stipulation that the interview records not be divulged to the parties.

__________________
60-1616. Parenting time; visitation orders; enforcement. (a) Parents. 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.

(b) Grandparents and stepparents. Grandparents and stepparents may be granted visitation rights.

(c) Modification. The court may modify an order granting or denying parenting time or visitation rights whenever modification would serve the best interests of the child.

(d) Enforcement of rights. An order granting visitation rights or parenting time pursuant to this section may be enforced in accordance with the uniform child custody jurisdiction and enforcement act, or K.S.A. 23-701, and amendments thereto.

(e) Repeated denial of rights, effect. Repeated unreasonable denial of or interference with visitation rights or parenting time granted pursuant to this section may be considered a material change of circumstances which justifies modification of a prior order of legal custody, residency, visitation or parenting time.

(f) Court ordered exchange or visitation at a child exchange and visitation center. (1) The court may order exchange or visitation to take place at a child exchange and visitation center, as established in K.S.A. 75-720 and amendments thereto.

(2) Any party may petition the court to modify an order granting visitation rights or parenting time to require that the exchange or transfer of children for visitation or parenting time take place at a child exchange and visitation center, as established in K.S.A. 75-720 and amendments thereto. The court may modify an order granting visitation whenever modification would serve the best interests of the child.

http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=23945

[acesn8s]

I got my Cow-Elk license this year. Could game and parks tell the difference? :thumb:
Not at this time. She spends most of her time in MO though so please be licenced accordingly. I don't want you to break any laws.:evil:

[acesn8s]

First step is to mellow and think it out first. I can understand the frustration but it is in your best interest to be answered by a paid lawyer at this point. Not CP.
I have a lawyer but I'm not getting much help. We have a parenting plan but we are tweeking it to adjust for our change in lifestyles. It has been over 7 years under the current agreement.

As for the clarification of the wording, she won't agree to anything in writing that she has agreed to verbally. I keep sending emails but she keeps saying "the verbage is incorrect".

I know "visitation" is incorrect because it is used for parents/grandparents that are not fit to care for family members. But I cannot find any articles on the subject on the net(it is getting lost in the lawyer seach websites).


Kansas House changed the wording in the late 90's or early 2000's.

[Brock]

You're not getting much help from your attorney? Fire his ass and hire a new one.

[HMc]

yeah if you've got a lawyer on the payroll anyway, call him up and get him to figure it out. Well, get him to get his paralegal to figure out, so he can sign it and send it to you

[banyon]

As for the clarification of the wording, she won't agree to anything in writing that she has agreed to verbally. I keep sending emails but she keeps saying "the verbage is incorrect".

I guess the first thing you need to do is tell her that it's "verbiage" and not "verbage".

[Joie]

I guess the first thing you need to do is tell her that it's "verbiage" and not "verbage".

Correcting her grammar (which drives me insane) is not very high on our list of priorities. I'm afraid it would take a team of English instructors to teach her proper grammar and use of punctuation. One instructor would need to focus entirely on use of the "spell check" function. :spock:

[banyon]

Correcting her grammar (which drives me insane) is not very high on our list of priorities. I'm afraid it would take a team of English instructors to teach her proper grammar and use of punctuation. One instructor would need to focus entirely on use of the "spell check" function. :spock:

Sorry, but the irony was a little thick there... :p

[Joie]

Sorry, but the irony was a little thick there... :p

I should forward you some of her emails. Not only can she not spell, she thinks question marks are appropriate ends to declarative sentences and thinks that capital letters are for her discretion.


Please tell me this is reason enough to shoot her.

[Rain Man]

I should forward you some of her emails. Not only can she not spell, she thinks question marks are appropriate ends to declarative sentences and thinks that capital letters are for her discretion.



i doN't see The problEm in That?

aNd does iT woRry you That aces appARentlY cAN't judge woMen.

[Joie]

i doN't see The problEm in That?

aNd does iT woRry you That aces appARentlY cAN't judge woMen.

Clearly, Aces has gotten over any trouble he had judging women. After all, he picked me. o:-)

[Skip Towne]

Clearly, Aces has gotten over any trouble he had judging women. After all, he picked me. o:-)

Clearly.