Getting divorced can be one of the most difficult and painful events of your life, especially if you didn’t see it coming. As a father, you might want to focus most of your energy on resolving the custody battle in your favor and ensuring you remain a consistent and positive influence in your kids’ lives. Unfortunately, depending on your situation, it can be easier said than done. An experienced Kansas divorce lawyer can help you build a strong case for custody and fight.

Many different factors may have led to your divorce, from incompatibility to infidelity and everything in between. Right now, you have to focus on what’s really important: Your children. Don’t do anything that can be seen as a failure to provide or any kind of vindictiveness. Your priority needs to be proving your fitness as a parent and fighting for custody, which can be hard for fathers. In many cases, fathers have to fight twice as hard for custody as mothers do.

Hiring the Right Lawyer

When custody of your children is at stake, the smartest move you can make is hiring the right lawyer to represent your case and protect your interests. Having the right lawyer by your side can make all the difference as you navigate what could be a challenging divorce process. At Stange Law Firm, we can help you figure out the right course of action for your custody battle. Our multi-state legal team has helped countless clients with their own divorces. We can help you, too.

Recognizing the various rates of marriage and divorce in your state can be beneficial, as it can help reassure you about your own decision to move forward with divorce. According to statistical data from the Kansas Department of Health and Environment, Kansas has quite a low marriage rate at only 5.3 per 1,000 residents as of 2023. At the same time, the divorce rate is also considerably low at just 1.7 per 1,000 residents as of 2023, according to data from the CDC. 

Dealing with the aftermath of a divorce can be a lot to handle, especially if you do not have any emotional support. To be there for your kids, you have to be there for yourself first. You might want to think about reaching out to a local divorce support group, such as DivorceCare or Men’s Separated/Divorced Group. Talking to other men who are dealing with similar situations can be beneficial to your healing journey and help you get some perspective on your own divorce.

Difficulties of a Custody Battle

While the entire divorce process can be overwhelming and unpredictable, the custody battle might be the most challenging. The last thing you want is to accidentally make a mistake that could cost you custody of your children. That’s why it’s so important to have an experienced lawyer by your side who can guide you through the process and help you establish a strong case for custody. These are some of the difficulties you could experience during the custody battle:

  • When it comes to custody battles, the Kansas family court always prioritizes the child’s welfare above everything else. This can mean refusing you and your spouse’s proposed parenting plan and giving you a court-appointed one in its place. It is normal for courts to initially propose joint custody, as that ensures both parents continue to maintain equal responsibility for child-rearing. You may have to prepare for a different outcome.
  • Throughout this process, you should not give your spouse a good case for parental alienation. This occurs when one parent tries to turn their child against the other parent using lies, threats, and even bribes. Don’t speak ill of the other parent around your child and follow the parenting plan. Let the court determine their fitness as a parent using factual evidence provided by your lawyer. 

FAQs

Q: Should I Hire a Lawyer to Help With a Custody Battle?

A: Yes, you should hire a lawyer to help with a custody battle. Divorces can be unpredictable and emotional before the custody battle even happens. You shouldn’t take any chances when it involves your kids. The right lawyer’s help can be invaluable as you do whatever you can to ensure you remain a consistent presence in your child’s life. Your lawyer can help you develop a strong case for custody.

Q: Can I Modify a Custody Agreement in Kansas?

A: Yes, you can modify a custody agreement in Kansas, but only by filing a Motion for Modification with the court that issued the original order. You must also show evidence that the change in question will be in the child’s interests above all else. This change is often due to a relocation, a significant health issue, the child’s educational needs, or a change in either parent’s work schedule. You will need to serve your ex with a copy of the filed motion.

Q: Is a Parenting Plan Enforceable by the Court?

A: Yes, a parenting plan is enforceable by the court in Kansas. A parenting plan is a legally binding document that outlines every potential aspect of how to co-parent with your ex, including holiday plans, school pickups, and even procedures for resolving family conflicts before they escalate. If your ex is refusing to abide by the plan, the court can step in and threaten legal consequences if it determines the violation is serious.

Q: Who Will Get Primary Custody?

A: There is no way to determine who will get custody before divorce proceedings begin. Neither parent is automatically seen as the caregiver in the eyes of the Kansas court system. However, in some cases, mothers do have an edge over fathers that can be difficult to overcome without factual evidence of wrongdoing. The court will ultimately do what needs to be done to secure the child’s welfare, even if that means refusing you or your spouse’s proposed custody arrangement.

Reach Out Today

At Stange Law Firm, we can provide you with the tools you need to build a strong case for custody and be there for your kids legally. Contact us to speak to a member of our team about your options.