Filing for Custody With Divorce or Paternity in Kansas
When parents end their relationship, they need to make care arrangements for their children.
A child custody order gives you an official, legally enforceable way to balance parental rights and responsibilities. You can ask for a custody order when you file for divorce or paternity establishment. Your child must have lived in the state for at least six months.
The parent who starts the case is called the petitioner, while the other parent is the respondent.
The child must have two legal parents before the court can make orders for child support, custody or parenting time. Unmarried parents need to start a paternity case to legally establish the child's father, even if there's a signed birth certificate or Acknowledgement of Paternity.
Some procedures vary by county.
Forms you'll need
You can find court forms online, at your district court and your lawyer's office.
Incorrectly filling out documents can delay your case. Consider hiring a lawyer (even if it's just to fill out your forms) or applying for help from Kansas Legal Services.
A parenting plan and Child Support Worksheet are required for all cases. If you agree on custody terms, write your plan with the other parent. If not, propose the plan you believe is best.
Divorce
Either spouse must live in Kansas for at least 60 days before you can file for divorce.
Complete the following forms:
- Petition for Divorce
- Civil Cover Sheet
- Self-Represented Litigant Certification Form (if you don't have a lawyer)
- Summons
- Domestic Relations Affidavit
Some counties require additional forms. Call your local court to make sure you've completed everything.
If you've reached a divorce settlement agreement, you should get that document ready.
Through Kansas Legal Services, you can request a lawyer review your divorce forms once they're complete.
Sign your divorce petition in the presence of a notary.
Paternity
You can start a paternity case online. This also covers custody, parenting time and child support. You can name more than one alleged father in the petition.
Genetic testing is not always part of paternity cases. If you want it, you must request it, and it will only happen if the court finds that having the test would be in the child's best interests.
Genetic testing through Child Support Services is free, but testing costs $150 per person (mother, child and presumed father) if you go to the court's recommended testing center. You can also pay for private testing, but there's no guarantee the court will accept it.
If you apply for child support but not paternity, Child Support Enforcement might help you establish your child's paternity. You'll need to start a paternity case to get orders for custody and parenting time. Then, the court will consolidate your support and paternity cases into a single case.
Filing your forms
If you're divorcing, you'll use the district court in the county where you or your spouse lives. For a paternity case, you'll use the court in the county where your child resides.
Filing fees vary by county. You'll generally pay around $200. You can fill out a Request to Waive Filing Fees if you cannot afford the fees.
Call the court before filing in person to see how many copies of your forms you'll need to bring and how much you'll have to pay.
Serving your forms
Service notifies the respondent that you've started a case. They receive copies of the forms you've filed with a court.
Kansas Legal Services has a step-by-step guide to serving the respondent.
Preparing for what comes next
If you filed a full agreement (a parenting plan — plus, if you're divorcing, a settlement agreement), the judge will review your paperwork to ensure the terms are in the child's best interest. You'll receive the final order (also called a journal entry) in the mail if the judge approves. Divorce cannot be finalized until at least 60 days after the original petition was filed.
If you didn't file a full agreement, after your paperwork is served, call your court's clerk to find out how to get a court hearing date. Once you have a date, fill out a Notice of Hearing, file it, and mail a copy to the respondent.
You should arrive at the hearing prepared. Bring the paperwork you've filed thus far for your case, including your parenting plan proposal, and any other evidence that will support your case for custody.
The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.
Be prepared for your hearing and every step of your case with Custody X Change.
Our professional sources
The following professionals have helped us understand child custody in Kansas and can help you, too.
Lynnette Herrman
Wichita, KS
Collaborative Success, Inc.
Bridget Schneider
Wichita, KS
Additional resources
For more guidance, look to: