Divorce can be an emotional and traumatic experience for any family, especially when children are involved. One of the most challenging aspects of divorce is determining child custody arrangements. In some cases, after the divorce is finalized, one parent may become neglectful, putting the child’s well-being at risk. If you are a parent in Kansas and are in this situation, you may be wondering if you can request a change in child custody.
Grounds for Modify Child Custody
Kansas law allows parents to modify child custody orders if there has been a material change in circumstances, and it is in the child’s best interests to do so. Neglect by one parent could be a material change in circumstances that warrants a modification of child custody. However, before you request a modification of child custody, it’s essential to understand what neglect is, and how it may impact your chances of success.
Understanding Neglect
Neglect refers to a failure to provide a child with adequate food, clothing, shelter, medical care, or supervision. Neglect can be intentional or unintentional and can result in physical or emotional harm to the child. In Kansas, a child is considered in need of care if they are without proper parental care, control, or subsistence. If you can prove that your ex-spouse is neglectful according to the definition of neglect in Kansas, you may be able to request a modification of child custody.
Proving Neglect
To modify child custody, you will need to prove that there has been a material change in circumstances since the original custody arrangements were put in place. This change should have a significant impact on the child’s welfare. In the case of neglect, you will need to provide evidence that the neglectful behavior is putting the child’s physical or emotional health at risk. This can be challenging, as neglectful behavior may not be easy to document.
In Kansas, child custody decisions are made based on the best interests of the child. To prove neglect, you will need to show how the neglectful behavior is contrary to the child’s best interests. You may need to provide evidence such as witness testimony, police reports, or medical records to show that a change in custody is necessary to protect the child.
Making a Request for Modification of Child Custody
If you believe your child’s other parent is neglectful, you can file a motion to modify child custody. The judge will schedule a hearing where you can present evidence to show that a change in custody is in the child’s best interests. At the hearing, the judge will consider all the evidence and make a determination on whether to modify child custody or maintain the existing custody arrangements.
Conclusion
If your ex-spouse is neglecting your child in Kansas, you may have grounds to request a modification of child custody. To be successful, you will need to prove that there has been a material change in circumstances, and that the neglectful behavior is contrary to the child’s best interests. You should consult with an experienced family law attorney in Kansas who can help you navigate the legal process and protect your child’s well-being.
References:
- Kan. Stat. Ann. § 23-3213
- Kan. Stat. Ann. § 38-2202(1)(a)