Getting a divorce can be an unsettling experience. Even a seemingly simple divorce case can present a host of legal and practical, real life complications. In view of this inherent complexity, proceeding pro se (without an attorney) is not advisable. It is almost invariably best to leave it to the professionals and hire a divorce attorney. Finding a divorce attorney is easy. Hiring the right divorce attorney, someone with the requisite experience, skill and temperament to artfully guide you through the life-changing process of a divorce at a price that will not put you into debt can be a daunting task. This blog aims to enumerate the points you should keep in mind when searching for and hiring a divorce attorney.
Overland Park Paternity Lawyer
AN OVERVIEW OF FATHER'S RIGHTS, TYPES OF CHILD CUSTODY & HOW TO CHOOSE THE BEST PATERNITY LAWYER IN OVERLAND PARK KANSAS
By Adam Peer - Owner of The Law Office of Adam Peer, LLC
Father’s Rights & Child Custody in Kansas
Kansas state statutes express that, in the eyes of the law and in Overland Park (Johnson County District Court), fathers and mothers should receive equal treatment as parents in the context of constructing court orders for child custody and parenting time.
Studies show that two involved parents are better than one and, in this way, fathers play a key role in their children’s development. For example, children whose fathers are involved during development tend to be more successful, less likely to deal with depression, and less likely to exhibit destructive or risky behaviors. Additionally, children with active fathers often exhibit higher self-esteem and may choose to avoid alcohol and drugs more than kids who do not have a father involved.
As a father, you should stand up for your rights because, as Courts now recognize, both parents are important. Hiring the best Overland Park paternity lawyer is a critical step in that process.
Types of Child Custody in Overland Park Kansas – Applicable to Johnson County District Court
Whether you recently filed for divorce or you’re fighting for custody of your children in a paternity action, you should know and understand the different types of custody rights available to the court. Ultimately, there are two types of child custody; legal custody and residential custody. Legal custody speaks to which parent makes decisions concerning a minor child’s health, education and general welfare. Residential custody speaks to who the child lives with more often.
Types of Legal Custody Arrangements / Orders:
Joint Legal Custody
- Joint legal custody occurs when both parents have a voice in making decisions for the minor child. This is the preferred custody arrangement in the state of Kansas.
- Joint Legal Custody does not address the time children spend with each parent or which parent they live with. This is addressed by residential custody.
- Major decisions for the children should be made by all parties who have joint legal custody.
- Examples of major decisions for the children include (but are not limited to) who their primary doctor is, which school they attend, which church they attend, and whether they should take certain medications.
- Access to school records and medical records should be available to each parent.
Sole Legal Custody or “Full Custody”
- Sole legal custody is often referred to as “full custody.” This type of custody is relatively rare, difficult to obtain, and requires a Judge to make specific findings that support awarding one of the parents with sole legal custody. It is not easy to get sole legal custody and Courts award it only upon extreme cases where it is not in the best interests of the child for both parents to have a voice.
- Having an experienced, skilled child custody attorney helps ensure that the Judge has the appropriate facts to support an award of sole legal custody or to prevent a parent from losing custody of their children. If a claim for sole custody is on the table, having the right paternity lawyer or divorce attorney is essential.
- The sole legal custodian is not required to consult with the other parent about which school the child attends, which church they attend or any other major decisions involving the children.
- Access to school records and medical records should still be available to each parent.
- Divided Custody is rarely used in the state of Kansas. It requires children to be separated from each other where one or more of the children lives separately with each of the parents.
The type of custody awarded to each parent, fathers and mothers alike, is primarily driven by what the Court believes is in the best interest of the children. The custody preferred by the parents or children plays a roll in this, but this decision is made based on a number of factors set forth in the Kansas Family Law statutes.
Choosing an Overland Park Kansas Family Law Attorney
When choosing an Overland Park Family Law Attorney, it’s important to choose an advocate who believes in you and who is willing and able to aggressively fight for your right to parent your child. There are four key elements to consider when choosing the best family law attorney in Overland Park, Johnson County and anywhere in Kansas:
- Knowledge of the local court system and Judges
Adam Peer has been protecting the rights of mothers and fathers in Overland Park and across Kansas and Missouri for over 10 years. He has the experience and skill you need to protect your rights and strives to do so at an affordable price point. His knowledge of the local court system and Judges in Johnson County provides his clients with peace of mind throughout the process.
A Paternity Lawyer and Divorce Attorney You Can Trust
Adam Peer will sit down with you at the inception of your case, gather all of the relevant information, and assist you in formulating a strategy that will aggressively seek to protect your parental rights as you proceed from filing through settlement or trial.
Contact The Law Office of Adam Peer for more information or to schedule an initial consultation with an experienced Divorce Lawyer you can trust. Adam’s goal is to resolve your legal issues effectively, quickly and affordably. Adam will work with you directly, keep you informed, and work tirelessly to aggressively fight for and protect your interests.
You can request a free case evaluation online. You can also call The Law Office of Adam Peer at (913) 553-4222 or email email@example.com
If you found this article helpful, feel free to share it with others using the buttons below for social media, email or to print a copy. Our Dad’s in Divorce article also provides additional details on parental rights if you’d like to learn more.
Adam Peer – Attorney at Law
The Law Office of Adam Peer, LLC
Adam was great to work with and clearly an expert in his field. I felt in good hands with Adam and he applied his deep knowledge and skills to achieve the best possible outcome in my case. I highly recommend.
Family Law Articles
Going through a divorce can be incredibly difficult. The process can be extremely stressful, frustrating, and painful. One of the best ways to mitigate the ill effects of a divorce is to take the uncontested route. Uncontested divorce occurs where the parties, between each other and most of the time with the assistance of their divorce attorneys, come to a resolution on all material issues without going through the often protracted process of contested litigation. Uncontested divorce helps couples in a number of ways.
Dollars and Sense in Divorce: Three Avoidable Mistakes That Can Drive Up the Cost of Your Kansas or Missouri Divorce
A divorce in Kansas or Missouri can be mentally and emotionally exhausting for the divorcing couple and even for their extended family. It can also prove to be a costly affair if you both choose to hire divorce attorneys to handle the case, which is generally an advisable step. The cost of a divorce can be impacted by different behaviors and decisions made by the couple, collectively and by each party, individually. During the course of the case, you will need to address several important topics including child custody and support, property division, asset and debt division, as well as maintenance or spousal support. The following seeks to address three common mistakes that can serve to increase your costs in a divorce and how to avoid them.