Custody

You can file for temporary custody as part of a custody proceeding as long as you file a proposed temporary parenting plan at the same time. The judge can approve a temporary parenting plan that includes one or more of the following:

• who gets temporary legal custody of the child;
• who gets temporary residence for the child;
• the division of parental rights and responsibilities regarding matters pertaining to the child’s health, education, and welfare; and
• a schedule for the child’s time with each parent, when appropriate.¹

You can also ask for temporary custody, residency, and parenting time as part of an emergency or temporary protection from abuse order.² However, the judge will not change an existing order of legal custody, residency, visitation or parenting time unless there is sworn testimony at a hearing that convinces a judge that there is a good cause or reason to do so.³

¹ Kan. Stat. § 23-3212(b), (c)
² Kan. Stat. §§ 60-3106(b); 60-3107(a)(4); 60-3105
³ Kan. Stat. §§ 60-3106(b); 60-3107(c)(3)