Best interests of children, not parents, govern custody decisions

LJWorld.com weblogs A Family and Criminal Law Blog

Posted by Djbrown January 22, 2009 at 10:01 a.m.

Q. My wife and I have agreed that we should get a divorce and begin living apart. She will move out. We both think she should have full custody of the children. How long will she have to live elsewhere before she qualifies for full custody?A. There is no time requirement involved under the circumstances you describe. If she can manage it financially, your wife can move immediately with the children if you both agree that the move would be good for the children.When courts are asked to make decisions about the welfare of children, the primary question is what will be in the best interests of the children. The court’s focus is not on the parents. So, when parents battle over custody, the courts are free to ignore the desires and wishes of parents and concentrate on the children’s needs.When parents agree on a parenting plan, however, there is a presumption that their plan for their children is in the children’s best interests. And, absent dramatic and convincing evidence to the contrary, the courts are required to approve and adopt the parents’ agreement.In your situation, your wishes should be approved by the court. You need to be aware, however, that you will have child support obligations that will begin when your wife moves out with the children. You should meet with an experienced family law attorney to discuss all the ramifications of your plan to make certain you fully understand the all the effects, financial and otherwise, of your agreement.I hope this was helpful.David J. Brown, Managing AttorneyThe Law Offices of David J. Brown, LC1040 New Hampshire, Suite 14Lawrence, Kansas 66044 785-842-0777 Because every legal situation is different, no response or comment in this blog can be considered legal advice to any one person, even the person who posed the original question that prompted a discussion because the answers will be generalized to provide basic information for all readers. Anyone with a real or potential legal problem should seek the advice of a practicing attorney who is educated and experienced in the area of law in question. Use of this blog does not create an attorney-client relationship between the reader and The Law Offices of David J. Brown, LC.

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StephanieD123 (anonymous) says…

The phrase "the best interest of the child" is, well, it is there because it sounds good. I wish that more courts would actually act on it.
June 29, 2009 at 12:12 a.m.