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Overland Park Family Law Blog

Kansas parents with child custody issues may relate to Kardashian

Kansas reality TV fans are likely familiar with the show, "Keeping Up With the Kardashians." One of the stars of the show, Khloe Kardashian, has been facing child custody issues regarding her daughter and the child's biological father, NBA star Tristan Thompson, to whom Kardashian has never been married. The relationship status between a newborn's parents impacts child-related issues such as legal and physical custody.

Kardashian was unmarried when she gave birth to her daughter, which meant she automatically gained sole legal and physical custody of the child. Legal custody pertains to decisions made on behalf of the child. A parent with sole legal custody typically has full discretion to make important life decisions regarding the a child's health, schooling, faith, etc.

Respectful communication is key to amicable child custody plans

Many Kansas married couples choose to untie their marital knots when problems or disagreements between them are unresolved and there does not seem to be way to improve their situations. When such couples also happen to be parents together, some of the bad feelings related to the marriage can creep into child custody negotiations. Most good parents want to keep their children's best interests in mind as the move forward to new, separate lifestyle. Respectful communication plays a big part in achieving that goal.

It is difficult to nearly impossible to devise a peaceful co-parenting plan if the two parents involved cannot even be in the same room without fighting. There are several ways to improve such situations. The first is to be mindful of one's words and actions. If parents act on their emotions, they are more likely to fly off the handle at each other, especially if the marriage did not end amicably. Choosing words and actions carefully helps lay the groundwork for peaceful negotiations that focus on what is best for the kids.

What influence might friends have toward a high asset divorce?

Many Kansas households include married couples who have close circles of friends. Such friends typically have a lot in common with them, such as average income, children or no children, as well as what types of social activities they tend to enjoy most. Many people are influenced by the actions of their peers, even in a high asset divorce.

If a spouse is considering filing for divorce but is hesitant because he or she knows that property division and other issues would be quite complex and challenging to resolve, he or she may look toward friends who have been in similar situations to see what ultimate decisions they made. If a spouse has one or more friends who have not only divorced but appear to have done so quite amicably and successfully, he or she is more likely to see divorce as a viable option for resolving an unhappy marriage rather than something to avoid. When high assets are at stake, it is understandable that a spouse would want to make sure his or her best interests are protected.

Warrant out for man's arrest in child custody dispute

The father of a 4-year-old boy has been engaged in a dispute with the child's mother for nearly a year. He has made serious accusations against her and, at one point, took his son to live in another state. Since that time, however, the judge who oversees the case has repeatedly ordered the man to return his son to the state in which the mother lives. Kansas parents facing similar child custody problems may want to follow this case. 

The mother reportedly suffered from substance abuse problems in the past, thus prompting the court to prohibit her from parenting her child. Such restrictions are no longer in place. However, the child's father has refused to bring him back, despite at least six separate court orders to do so. In light of the man's refusal to return the child, the judge has issued a warrant for his arrest.  

Talking to kids about child custody and divorce

Children typically thrive in settings that are structured and centered on healthy routines. However, many Kansas families experience upsets from time to time, especially when parents decide to divorce. Such situations often include contentious child custody issues, which can cause children high levels of stress.  

The way a parent approaches such topics of discussion with his or her kids impacts the children's ability (or lack thereof) to cope. A parent must keep each child's age and level of maturity in mind before discussing serious issues, such as which parent the child will live with or why both parents are no longer going to live under one roof. It is not uncommon for children to feel angry, sad, afraid or all of the above upon learning that parents are getting divorced.  

Child custody situation in another state headed for jury trial

Many Kansas parents are currently facing problems with co-parents regarding visitation, support or custody issues. Child custody situations are often complex, and various types of extenuating circumstances can complicate matters even further. For instance, if one parent accuses the other of abuse, the court may need to investigate the situation before it can hand down a ruling.

A woman in another state claims that she was the victim of false allegations of abuse. She says the father of her children convinced a sheriff's deputy to arrest her and accuse her of child abuse. She was taken into police custody after an incident that involved one of her children being taken to a hospital emergency room. Hospital records state that the child in question did not show any external signs of injury; however, the deputy who obtained an arrest warrant testified that records showed a minor head wound.

Kansas spouses may choose collaborative law re child custody

Getting divorced is typically not a low-stress process. Especially if a Kansas couple has children, there are often emotional challenges as well as financial situations, property matters and other issues that must be resolved before a settlement can be achieved. Those who wish to avoid child custody litigation often opt for a collaborative law divorce.  

This is an alternative form of dispute resolution. Spouses may negotiate their own settlement or choose mediation, which involves a neutral third party who agrees to facilitate discussions. Either way, a main difference between a collaborated divorce and litigation is that the spouses themselves are making final decisions, then submitting their plans to the court for approval as opposed to having a judge determine what the settlement will be.  

Property division: Is your spouse stashing cash?

In a high asset divorce, it can be challenging to resolve certain complex issues. Property division in Kansas operates under equitable division laws like most other states. The court's discretion will not be able to help devise a fair and agreeable division, however, if one of the spouses involved is hiding assets.  

If one spouse suspects the other of trying to keep certain assets from being subject to division by stashing cash and engaging in other intentional activities to gain the upper hand in proceedings, the disadvantaged spouse will have to show evidence in court to substantiate the allegations. Every divorce situation is unique although there are several common asset-hiding schemes that spouses tend to use. Knowing where to seek support to further investigate a suspicion can help a concerned spouse rectify a problem situation. 

Man involved in child custody case may face arrest

Kansas parents who disagree regarding where their children should reside, either in divorce or as never-before married parents, may relate to a current situation as it unfolds in another state. The mother and father of a 4-year-old boy are engaged in a highly acrimonious child custody battle. The situation has escalated to the point that a judge has repeatedly ordered the father to return his son to the mother. 

The judge also says that, as soon as the man arrives at the court-ordered location with his son, he will then be arrested for contempt of court. Although the man was previously granted custody of his child, he was ordered to return from another state to which he and the boy had traveled, and he apparently did not comply. The man gained custody of his son after the boy's mother admitted that she had used methamphetamine drugs.   

Those contemplating high asset divorce in Kansas should know this

Kansas residents who file tax returns will want to be aware of upcoming changes in federal tax regulations. This applies most specifically to anyone contemplating filing for a high asset divorce. The changes are set to take place at the stroke of midnight as the first day of 2019 begins.  

Current tax laws allow those paying alimony to claim their payments as deductions on their federal tax returns. Anyone filing for divorce or seeking modification of an existing court order pertaining to divorce in 2018 can still get a tax break for paying alimony. The impending changes have prompted some to suggest that anyone planning to divorce should do so during this year, especially if that person thinks he or she will be ordered to pay alimony.  

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