Kansas Family Court: Custody and Parenting-Time Guide

Find the right family court

The custody or parenting-time route described in this guide is handled through the Kansas District Courts. Other family-law matters can follow a different court or procedure.

Find the court for your area.

• The Kansas Judicial Branch's divorce-with-children checklist identifies Kansas District Courts as the court system for the selected route.Sources:Checklist for Divorce with Minor Children - Kansas District Courts

How Kansas courts decide custody

Kansas law requires the court to determine legal custody, residency, and parenting time according to the child's best interests.Sources:K.S.A. 23-3201, Legal custody, residency and parenting time criteria

• The statutory best-interest factors include each parent's involvement, the child's needs and adjustment, the parents' ability to support the child's relationship with the other parent, and domestic-abuse concerns.Sources:K.S.A. 23-3203, Factors considered in determination of legal custody, residency and parenting time of a child

Key legal sources

• Kansas Statutes Annotated § 23-3201Sources:K.S.A. 23-3201, Legal custody, residency and parenting time criteria

Parenting time

A Kansas parent is entitled to reasonable parenting time unless the court finds after a hearing that it would seriously endanger the child's physical, mental, moral, or emotional health.Sources:K.S.A. 23-3208, Parenting time; enforcement; child exchange and visitation centers

• When parties have an agreed parenting plan, Kansas law presumes it is in the child's best interests unless the court makes specific findings for a different order.Sources:K.S.A. 23-3202, Parenting plan; best interest presumed

Key legal sources

• Kansas Statutes Annotated § 23-3208Sources:K.S.A. 23-3208, Parenting time; enforcement; child exchange and visitation centers

How to file

This draft covers the Kansas Judicial Council's basic divorce-with-children form route when the spouses agree on the terms and the responding spouse uses a Voluntary Entry of Appearance.Sources:Instructions for Filing for Divorce (with children) (06-2025)

1. Confirm that this limited route fits

   Kansas requires either the petitioner or respondent to have been an actual Kansas resident for 60 days immediately before filing a divorce petition. This draft excludes no-agreement cases, service other than Voluntary Entry of Appearance, active-duty-spouse cases, retirement-benefit transfers, modification, emergency, interstate, nonparent, and protection-order matters.Sources:K.S.A. 23-2703, Residence, Instructions for Filing for Divorce (with children) (06-2025)

2. File the documents identified for this narrow route

   The current instructions identify the Civil Cover Sheet, Self-Represented Litigant Certification Form, Petition for Divorce, Request and Service Instructions, Summons, Domestic Relations Affidavit, and Parenting Plan for filing. Rule 139 requires a Child Support Worksheet when child support is an issue. The instructions say to file in the district court in the county where either spouse lives and to confirm local requirements with that clerk.Sources:Instructions for Filing for Divorce (with children) (06-2025), Rule 139, Domestic Relations Affidavit; Support Order and Payment

3. Use the selected service path

   For this limited route, provide the other spouse the file-stamped Petition for Divorce and Summons. The current instructions say that spouse signs the Voluntary Entry of Appearance before a notary public or clerk; either spouse then files the completed form with the clerk where the Petition was filed. Other notice methods are outside this draft.Sources:Instructions for Filing for Divorce (with children) (06-2025)

4. Complete the agreement documents and confirm the local hearing process

   The instructions identify the Decree of Divorce, agreed Parenting Plan, and Vital Statistics Divorce Worksheet for an agreement. They identify a Child Support Worksheet and Kansas Payment Center Form when their stated support conditions apply. Ask the clerk how the district sets a final hearing; the instructions say procedures differ by court and that a decree cannot be entered until at least 60 days after the Petition was filed.Sources:Instructions for Filing for Divorce (with children) (06-2025), Rule 139, Domestic Relations Affidavit; Support Order and Payment

Official forms

Open the official forms portal.

• The current Kansas Judicial Council filing page directs people to read the June 2025 divorce-with-children instructions to determine needed forms and to confirm local requirements with the clerk.Sources:Divorce with Minor Children, Instructions for Filing for Divorce (with children) (06-2025)

Free court self-help

Find court self-help near you.

• Kansas Judicial Branch Legal Help

  The Kansas District Courts checklist directs people to this Judicial Branch legal-help page for lawyer and legal-service resources. It does not promise legal representation.Sources:Checklist for Divorce with Minor Children - Kansas District Courts, Legal Help

Legal-aid organizations

• Kansas Legal Services

  Area served: Kansas Legal Services describes itself as serving people in Kansas.

  The provider lists family law among its service areas and says it offers free or low-cost civil legal advice and representation for qualifying people.Sources:Get Help

  Eligibility: The provider requires an application and intake screening to determine eligibility; availability is not promised.

• Kansas Free Legal Answers

  Area served: Kansas online service for qualifying users.

  The provider describes a no-cost virtual clinic where volunteer lawyers answer eligible civil legal questions, including family, divorce, and custody topics.Sources:Kansas Free Legal Answers

  Eligibility: Users must meet the provider's current eligibility requirements, and the provider says a question may not receive a response.

Fee waivers

A plaintiff who cannot pay a district-court docket fee because of poverty may file a poverty affidavit; the statute allows court review and the current court rule says a judge may later charge the fee if the statement is untrue.Sources:K.S.A. 60-2001, Docket fee; poverty affidavit; court review, Temporary Rule, Filing in a District Court by a Self-Represented Litigant

Who may qualify

• The affidavit must state a factual basis for inability to pay, including the source and amount of weekly income, and must be sworn to under oath or penalty of perjury.Sources:K.S.A. 60-2001, Docket fee; poverty affidavit; court review

What to do

1. Use the current Poverty Affidavit with the filing materials

   The Kansas District Courts checklist lists a Poverty Affidavit when the filer cannot pay the filing fee. The Judicial Branch's temporary rule points self-represented litigants to the Judicial Council's current Poverty Affidavit page for most civil actions.Sources:Checklist for Divorce with Minor Children - Kansas District Courts, Temporary Rule, Filing in a District Court by a Self-Represented Litigant, Poverty Affidavit

Official fee-waiver forms

• Poverty Affidavit

Key statute or rule

• Kansas Statutes Annotated § 60-2001(b)Sources:K.S.A. 60-2001, Docket fee; poverty affidavit; court review

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

• Compare Average Lawyer Hourly Rate by State (2026 Data)

State and local details to confirm

• The selected agreement route still has local variation: the current instructions say district courts have different final-hearing procedures and requirements, so ask the clerk how the district handles the final hearing. Do not treat the live Notice of Hearing form as a statewide requirement.Sources:Instructions for Filing for Divorce (with children) (06-2025)