Overland Park Family Law Blog

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.  

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.   

Many children in Kansas are among others in the nation who no longer live with both parents. Children of divorce face many challenges as they adapt to new lifestyles, especially during summer break. If a non-custodial parent remarries, it adds a whole new dynamic to the situation, one that can lead to serious child custody problems if the adults involved let their emotions or tempers get out of hand.  

There are several things a non-custodial parent can do to avoid problems when children come to visit during the summer. Discussing the issue ahead of time may help prevent disputes down the line. It is critical that step-parents understand that the two key figures in children's lives are their own parents, and decisions regarding custody, visitation and support come through parental negotiation and court approval (or intervention if parents can't resolve their differences). In short, step-parents may not interfere with court orders.  

Any Kansas parent currently facing problems relating to divorce, custody or support issues should know that there are many support networks in place to assist them in all capacities, especially concerning litigation. Some parents misguidedly believe they must go it alone and wind up feeling overwhelmed and helpless when serious child custody problems arise. A tragedy that recently occurred in another state emphasizes the point.  

The situation involved a young mother and her 7-year-old son. The mother happens to have formerly worked as a Playboy model. Sadly, the woman was also engaged in a contentious custody battle with her son's biological father. The court recently denied her request to take her child to Europe over the summer. That situation led to tragedy when the mother and her son plummeted 23 floors from a hotel suite to their deaths; authorities believe the situation is suicide-related.