Kansas def. of Joint legal custody and Primary Residence

[ksmomof2girls]

I got this information from the Law Library in my city.  It was revised in 2002....and some of the information was amended in 2000...but its still the law as far as I know.


                       JOINT LEGAL CUSTODY( JOINT DECISION MAKING)

The first kind of "legal custody" relationship is that of "joint legal custody" 291 or "joint decsion-making."  Joint legal custody is the preferred legal custodial arrangement.292  In the event the court determines the parents should be joint custodians of their minor children, the statue directs that the parties "shall have equal rights to make decisions in the best interests of the child."293  The award of joint custody to both parents does not mandate that all decisions made for the child be agreed by both parents---- all that is required is that the parents both have input and that have equal rights to make decisions regarding the child. 295  There is no requirement that all decisions of hte parents be made jointly. Each parent has the  power to make day-to-day decisions when the child in that parent's care. 295  In a joint legal custody relationship, both parents have equal rights to access any information regarding matters of health, education, and welfare of the child.


291  K.S.A. 2001 Suppp.60-1610(a)(4)(as amended by 2000 Kan. Sess. Laws,Ch.171, 15)

292 K.S.A. 2001 Suppp.60-1610(a)(4)(as amended by 2000 Kan. Sess. Laws,Ch.171, 15)

293 K.S.A. 2001 Suppp.60-1610(a)(4)(as amended by 2000 Kan. Sess. Laws,Ch.171, 15)

294 Yoder v Yoder, Kan App 2d330 =,721 P.2d 294(1986)(either parent may consent to marriage by minor child);Jones v.Walker ____ Kans.App.2d_____33,P.3s872(2001)("joint legal custody entitles the holder to participate in the most important of the decisions affecting the child's life. It does not give the holder moment-to-moment input, much less veto power, over every large and small choice about child rearing by the residential custodian.")

I do not understand what 294 means at all.  

295 Jones v. Walker,______Kan.App.2d____,33 P.3d 872(2001)



                                 Primary Residence

The most common type of residential arrangement is that situation in which the child usually resides with one parent or has a "home base" with one parent. 307   The designation of one parent as the "primary" residential parent has no significance regarding decision making.308  The "primary" residential parent has no more and no less power to make decisions or to engage in decision making relating to the child than the other parent. With the alterations in terminology put into force by this bill, "parenting time"------a term much less fraught with images of power or restriction of access-- is now the term describing the time a parent spends with the child and refers both to the time spent with the parent having more time with the child ("primary residential parent") as well as the parent who has less time with the child.

307 see e.g. K.S.A. 60-1610(a)(4)(A)(repealed)(1997 Kas.Sess.Laws, Ch. 182, 4) ("the court may further determine that the residency of the child shall be......on the basis of a primary residency arrangement for the child.")

308 However, the Kansas Court of Appeals has stated that "joint legal custody entitles the holder to participate in the most important of the decisions affecting the child's life. It does not give the holder moment-to-moment input, much less veto power, over every large and small choice about child rearing by the residential custodian." Jones v.Walker,__Kan.App.2d___,33P.3d 872(2001) While as applied to those specific facts, the case should not be read to mean that the mere designation of a parent as "residential parent" shifts  the equal rights under joint legal custodial relationship.




So.....I am understanding this to mean that X has NO Control over anything...that we need to discuss, agree, on everything. Parenting time, Dr's, education, etc.

X has no more power over me, than I do over him,....and that he needs to be aware that he does not have Sole legal custody, or  Sole Residence.

Without going to court....and spending money on an attorney that I can't afford right now.......How do/should I bring it to his attention that he is in the wrong??? without him thinking I don't know what I am talking about?


We have joint legal custody with him being the primary residence, and reasonable parenting time with the best interests of the children. agreed upon by both parties. ( parphrasing it some)

Would like help on this please.  

 

[ocean]

What happened with visitation this weekend? Did you get them? To answer your above question, can you and your ex "talk"? Could you ask to meet at a diner and discuss some of these things and will it go well? I am afraid with your recent problems that you can show him all the "laws" but he will not change his ways. If you go back to court, he may win SOLE so be careful.

[MixedBag]

If I remember Soc right -- (so see if you can search on that forum where he discusses it), it means that with joint legal custody, you two are supposed to talk bout it (reference the word input) and then whomever physically at that moment has the child can make a decision as to what will happen.

The other parent does NOT have veto power (can over ride the decision).

Being the residential parent doesn't mean "more decision making rights" than the other parent.

You can both take the child to the doctor and authorize medical care.  That would be a good example.  For sole parents, that probably isn't true.