When parents divorce or separate with children, one of the most critical issues they face is child custody. Custody decisions are made based on the best interests of the child, and courts carefully consider several factors before determining child custody arrangements. However, when one parent unexpectedly loses their job, it raises an important question: can a Kansas court order a change in child custody due to job loss?
The Best Interests of the Child Standard
In Kansas, child custody is determined by evaluating what is in the best interests of the child. The court takes into account a range of factors, including the child’s age, health, and educational needs. Additionally, they consider the parents’ ability to provide for the child’s physical, emotional, and social well-being.
The Impact of Job Loss on Child Custody
Losing a job can significantly affect a parent’s capacity to meet their child’s needs. For the parent who has primary physical custody, job loss may lead to financial difficulties in providing fundamental necessities such as food, clothing, and shelter for the child. Conversely, a non-custodial parent who loses their job may struggle to fulfill their child support obligations, impinging on the custodial parent’s ability to provide for the child adequately.
Modification of Child Custody Orders
In the event of job loss, a parent can request a modification to the existing child custody order. Nonetheless, they must substantiate that the job loss has a substantial impact on the child’s best interests. For example, if the loss of income prevents the child from attending the same school or participating in extracurricular activities, the court may be more inclined to consider a modification of custody.
The Role of a Child Custody Attorney
If you find yourself facing a potential change in custody due to a job loss, it is crucial to consult with a skilled child custody attorney. An experienced attorney can provide valuable guidance, explaining your rights and assisting you through the legal process. Moreover, they can help you effectively present your case in court, advocating for your child’s best interests.
Conclusion
Losing a job is undoubtedly a challenging situation, and it can significantly impact a parent’s ability to provide for their child. If you are facing the possibility of a custody change because of job loss, it is essential to seek legal assistance promptly. A competent child custody attorney will not only help you navigate the complexities of the legal system but also ensure that your rights are protected and your child’s best interests are prioritized.