The law in plain words
Under K.S.A. 23-3201, "the court shall determine legal custody, residency and parenting time of a child in accordance with the best interests of the child."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Kansas explains what the figures can and cannot show.
Legal custody, residency and parenting time
Kansas uses three separate terms.
- Legal custody: who makes the big decisions about the child's health, education and welfare.
- Residency: where the child lives. It can be with one parent, or with both.
- Parenting time: the time each parent spends with the child.
People often say "residential custody" or "primary residential parent" for the parent the child mainly lives with. Kansas Legal Services points out there is no legal category called "full custody."
Divided residency, where siblings live in different homes, is for exceptional cases only.
Is Kansas a 50/50 state?
No. Kansas has no presumption of equal time or equal residency. Under 23-3207, the child lives "with one or both parents," on the child's best interests.
Joint legal custody is different. It is the statute's first preference. A judge who orders sole legal custody must state the specific facts behind it.
Kansas Legal Services notes that joint legal custody "does not mean that both parents will get equal time."
Bills to presume joint custody and maximized time in temporary plans died in 2020 and in the 2023โ24 session.
The best-interest factors
K.S.A. 23-3203 lists factors the court must consider, along with anything else relevant:
- each parent's role and involvement before and after separation
- what each parent wants
- the child's wishes, if old and mature enough
- the child's age
- the child's emotional and physical needs
- the child's relationships with parents, siblings and other important people
- the child's adjustment to home, school and community
- each parent's willingness to respect the child's bond with the other parent
- evidence of domestic abuse: a pattern of abuse used to dominate and control, or an act of domestic violence, stalking or sexual assault
- the parents' ability to communicate, cooperate and manage parental duties
- the child's school activity schedule
- each parent's work schedule
- where the parents live and work
- where the child goes to school
- whether a parent is a registered offender
- whether a parent has been convicted of child abuse
- whether a parent lives with a registered offender
- whether a parent lives with someone convicted of child abuse
The court can also order a parent to have a domestic violence offender assessment.
Your child's preference
Kansas sets no age at which a child decides. The judge considers the wishes of a child "of sufficient age and maturity."
Kansas Legal Services says older children's wishes usually carry more weight.
The judge may interview the child in the judge's office, and may let the lawyers attend. If any party asks, a record of the interview is made.
Mothers' and fathers' rights
Neither parent starts ahead. Under 23-3204, there is "no presumption" that giving custody or residency to the mother is best for any infant or young child.
One presumption does apply. Custody or residency is presumed not in the child's best interests with a parent who lives with a registered offender or a convicted child abuser. The parent can overcome it with evidence.
A parent with sole legal custody does not cut the other parent off from information about the child, unless the court orders it.
If you were never married
Under 23-2206, a parent and child relationship applies equally whether or not the parents were married.
No statute gives the mother sole custody by default. Once paternity is acknowledged, the official notice on the form says both parents have custody and parenting-time rights. Those rights last until a court order changes them.
- Acknowledgment of paternity: it creates a permanent father-child relationship, with no court case needed. Rules updated on July 1, 2026 apply to older acknowledgments too.
- Changing your mind: any signer can cancel within 60 days. If a court or agency case about the child starts sooner, and the signer is a party, cancel before it.
- After that: a challenge is allowed only for fraud, threats or pressure, or a serious mistake about the facts. A signer who was under 18 can challenge until turning 19.
To get enforceable custody and parenting-time orders, file a parentage case. File in the county where the child, the mother or the father lives.
Domestic violence and protection orders
In custody between parents, domestic abuse is a factor, not an automatic bar. Factor 9 covers physical or emotional abuse used to dominate and control. It also covers any act of domestic violence, stalking or sexual assault.
A Protection from Abuse order can award temporary custody and residency, and set temporary parenting time.
- Without notice: temporary orders can be granted before the hearing. Immediate danger counts as good cause.
- Existing custody orders: a temporary order cannot change one without sworn testimony at a hearing.
- The hearing: within 21 days of filing.
- After hours: a judge can issue an emergency order that lasts until 5 p.m. the next court day.
- How long: a final order lasts one to two years, and can be extended.
Filing costs nothing. Kansas Legal Services links to an online portal to file.
Emergency and temporary orders
- Temporary orders: a parent asking for temporary custody must file a proposed temporary parenting plan at the same time.
- Without notice in a divorce: moving the child away from the parent who has had sole day-to-day residency needs sworn testimony of extraordinary circumstances. A hearing must follow within 14 days of a request.
- Changing a final order in an emergency: needs sworn testimony, personal service and a review hearing within 15 days.
- Abuse: a Protection from Abuse order is often the fastest route.
Kansas courts can also act in an emergency to protect a child who is in the state.
Moving with your child
Under K.S.A. 23-3222, a parent with custody, residency or parenting time must give written notice at least 30 days before:
- changing the child's home, or
- taking the child out of Kansas for more than 90 days
The notice goes by restricted mail, return receipt requested, to the other parent's last known address.
Failing to give notice is indirect civil contempt. The court can also order the moving parent to pay the other parent's legal fees.
A move can be a material change that justifies a new order. The court weighs the effect on the child, on the other parent and on travel costs. Even a parent with sole legal custody must give the notice. No notice is needed if the other parent was convicted of certain crimes against the child.
Changing custody
Under 23-3218, a court can change custody, residency or parenting time when a material change of circumstances is shown. Kansas courts have said the change must be substantial and continuing.
The parent asking carries the burden. The motion must set out every known fact, under oath. If those facts do not make a case worth hearing, the court must deny it.
If the original order came from an agreement, with no contested hearing, best interests alone may be enough.
- Parenting time alone can be changed whenever that serves the child.
- Repeated, unreasonable denial of parenting time can count as a material change.
When parenting time is denied
Kansas has an expedited process to enforce parenting time. A hearing must be set within 21 days of filing, and the case decided within 45 days.
The hearing officer can order mediation instead of the hearing.
If parenting time was unreasonably denied, remedies include make-up time, a bond, legal fees, parenting classes and supervised parenting time. The court can also order exchanges at a child exchange and visitation center.
For high-conflict families, the court can appoint a case manager to help parents resolve disputes.
Parenting plans, mediation and classes
- Agreed plans: if parents agree on a parenting plan, it is presumed to be in the child's best interests.
- Disputes: each parent submits a proposed plan.
- Guidelines: Kansas has no statewide parenting time schedule we could find. The official parenting plan form lets parents adopt their county's holiday schedule.
- Mediation: the court may order it, unless it is inappropriate in the case. A mediator must stop if it would harm a parent or the children.
- Classes: not required statewide. Johnson County, for example, requires its Parents Forever class.
A mediated agreement binds only once it is written, signed and approved by the court.
How to file for custody in Kansas
Kansas must usually be the child's home state for the six months before you file.
- Choose the case type. Married parents ask for custody in the divorce. Unmarried parents file a parentage case.
- Get the forms. Kansas Legal Services offers free forms, including the paternity filing forms and the official parenting plan.
- List the child's addresses for the last five years. They can be sealed if safety is at risk.
- File in district court and pay the fee, or file a poverty affidavit.
- Serve the other parent, and attend any class or mediation the court orders.
A divorce cannot be heard until 60 days after filing, unless the judge declares an emergency. Kansas Legal Services offers free help to people who qualify.
How much does it cost to file for custody in Kansas?
Kansas sets docket fees by statute. The Supreme Court may add up to $22 to each.
| Filing | Base fee | With the full surcharge |
|---|---|---|
| New custody or parentage case | $173 | $195 |
| Motion to change custody or parenting time | $40 | $62 |
| Protection from Abuse petition | Free | Free |
Serving the other parent costs extra. We could not confirm the surcharge now charged, so ask the clerk for the exact total. If you cannot afford it, file a poverty affidavit, and the judge will review it.
What changed recently
Kansas's main custody factors were last changed in 2017. The recent changes are around them.
- July 1, 2026: new rules on paternity acknowledgments, and the fee surcharge was extended to 2030.
- July 1, 2024: a new law set stricter rules for grandparents and other nonparents seeking visitation.
- July 1, 2023: restraining orders can now bar electronic tracking of the other parent.
Bills to presume joint custody and maximized time in temporary plans died in 2020 and in the 2023โ24 session.
Building the record
Kansas judges weigh each parent's role before and after separation, and their respect for the other parent's bond. Those questions are answered with dates, not adjectives.
Note each exchange, school task and doctor visit as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Kansas.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Kansas custody record
Kansas judges weigh each parent's role and support for the other. Keep these items current so your facts are ready.
Keep the record Kansas judges weigh
Casewell keeps dated care, exchanges and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Kansas a 50/50 custody state?
No. Kansas prefers joint legal custody, meaning shared decisions, but presumes no equal time. Residency is decided on the child's best interests.
Is there full custody in Kansas?
Not as a legal term. Kansas uses sole or joint legal custody, plus residency and parenting time.
Who has custody if the parents are not married in Kansas?
No statute gives the mother sole custody by default. Once paternity is acknowledged or established, both parents have rights until a court order. File a parentage case for enforceable orders.
How much notice do I need to give before moving with my child in Kansas?
At least 30 days' written notice, by restricted mail, return receipt requested. The same applies before taking the child out of Kansas for more than 90 days.
How much does it cost to file for custody in Kansas?
The base fee is $173, and up to $195 with the court surcharge. A poverty affidavit can waive it.
At what age can a child choose which parent to live with in Kansas?
No age lets a child choose. The judge weighs the wishes of a child of sufficient age and maturity.
Sources
This page summarizes the Kansas Statutes, Chapters 23, 28 and 60, through the 2026 session, and Kansas Legal Services guidance as of October 2026. It explains the law in general terms and is not legal advice.
- K.S.A. 23-3203 โ best-interest factors checked
- K.S.A. 23-3206 โ legal custody arrangements checked
- K.S.A. 23-3207 โ residency checked
- K.S.A. 23-3218 โ modifying custody checked
- K.S.A. 23-3222 โ notice before moving checked
- K.S.A. 60-3106 โ Protection from Abuse hearings and temporary orders checked
- Kansas 2026 SB 408 โ paternity acknowledgments (enrolled) checked
- Kansas Legal Services โ child custody, visitation and support checked