Kansas Joint Custody Agreement

JOINT LEGAL CUSTODY AND SHARED RESIDENCY AGREEMENT

State of Kansas — District Court

IN THE DISTRICT COURT OF [________________________________] COUNTY, KANSAS

Case No.: [________________________________]

Division: [____]

Judicial District: [____] of 31

In the Matter of the Custody of:

PARTIES

Parent A: [________________________________]
Address: [________________________________], Kansas [________________________________]
Phone: [________________________________]
Email: [________________________________]

Parent B: [________________________________]
Address: [________________________________], Kansas [________________________________]
Phone: [________________________________]
Email: [________________________________]

RECITALS

A. The Parents are the natural and legal parents of the above-named child(ren).

B. The Parents desire to establish a joint custody arrangement that serves the best interests of the child(ren) as determined under K.S.A. § 23-3201 and the factors enumerated in K.S.A. § 23-3203.

C. Kansas law, under K.S.A. § 23-3206(a), authorizes joint legal custody whereby both parents have equal rights to make decisions in the best interests of the child. Joint legal custody is the preferred custodial arrangement under Kansas law.

D. Under K.S.A. § 23-3204, neither parent has a presumption either for or against them with respect to residency of any child.

E. Under K.S.A. § 23-3202, when parents reach agreement on a parenting plan, there is a rebuttable presumption that the agreement is in the best interests of the child(ren).

F. The Parents have the ability to cooperate and communicate effectively regarding the child(ren)'s welfare, as required for joint custody under K.S.A. § 23-3203(a)(8) and (a)(10).

I. JOINT LEGAL CUSTODY (K.S.A. § 23-3206(a))

1.1 Grant of Joint Legal Custody

The Parents shall have joint legal custody of the child(ren) pursuant to K.S.A. § 23-3206(a). Both Parents shall have equal rights to make decisions in the best interests of the child(ren).

1.2 Major Decisions Requiring Mutual Agreement

The following decisions require advance consultation and mutual written agreement between both Parents:

• Education: School enrollment, school changes, special education evaluations, IEP/504 plan decisions, tutoring, and college planning
• Non-Emergency Medical Care: Selection of healthcare providers, elective medical and dental procedures, vaccinations (non-emergency), orthodontia, and surgical procedures
• Mental Health: Initiation or termination of counseling, therapy, or psychiatric treatment; selection of mental health providers
• Extracurricular Activities: Enrollment in organized sports, lessons, clubs, camps, or activities requiring significant time or financial commitment
• Religious Upbringing: Selection of religious education, participation in religious ceremonies or rites
• Travel: Out-of-state travel exceeding seven (7) days; any international travel

1.3 Decision-Making Process

1. The parent proposing a major decision shall provide written notice (email or co-parenting application message) describing the proposed decision and the reasons supporting it.
2. The other parent shall respond in writing within [____] calendar days.
3. Both parents shall discuss the matter in good faith, prioritizing the child(ren)'s welfare.
4. If agreement cannot be reached, the parents shall follow the dispute resolution procedures in Section VIII before seeking Court intervention.

1.4 Emergency Decisions

The parent exercising parenting time may make emergency decisions when the child(ren)'s health or safety requires immediate action. That parent shall notify the other parent as soon as practicable, and no later than twenty-four (24) hours after the emergency.

1.5 Routine Decisions

The parent currently exercising parenting time shall make day-to-day decisions regarding the child(ren)'s care, including meals, bedtime, homework, discipline, and daily activities.

1.6 Tie-Breaking Authority (Optional)

☐ Not applicable — all major decisions require mutual agreement
☐ If the parents cannot reach agreement through the dispute resolution process, [________________________________] shall have final decision-making authority regarding:

• ☐ Education
• ☐ Non-emergency medical
• ☐ Mental health
• ☐ Extracurricular activities
• ☐ Religious upbringing

II. RESIDENCY AND PARENTING TIME SCHEDULE

2.1 Residency Designation

Under K.S.A. § 23-3204, neither parent has a presumption for or against residency. The parties agree to the following:

☐ Shared/Dual Residency — The child(ren) shall maintain residences with both parents per the schedule below.
☐ Primary Residency with [________________________________] for school enrollment and mailing purposes, with substantially equal parenting time.

School District: [________________________________]
School Name: [________________________________]

2.2 Regular Parenting Time Schedule

Select one schedule or specify a custom schedule:

☐ Week-On / Week-Off (Alternating Weeks)
Parent A: Seven (7) consecutive days beginning [________________________________] at [____] AM/PM
Parent B: The following seven (7) consecutive days on the same schedule
Exchanges occur on [________________________________] (day of week) at [________________________________] (location)

☐ 2-2-3 Rotation

• Monday and Tuesday: Parent A
• Wednesday and Thursday: Parent B
• Friday through Sunday: Alternating (Parent A in Week 1, Parent B in Week 2)
  Exchanges occur at [________________________________]

☐ 5-2-2-5 Schedule

• Monday and Tuesday: Always Parent A
• Wednesday and Thursday: Always Parent B
• Friday through Sunday (plus Monday morning): Alternating
  Exchanges occur at [________________________________]

☐ Custom Schedule:
[________________________________]
[________________________________]
[________________________________]

2.3 Exchange Details

Exchange Location:
☐ At the child(ren)'s school (school-day exchanges)
☐ At [________________________________] (non-school-day exchanges)
☐ At a neutral public location: [________________________________]

Transportation:
☐ The receiving parent shall pick up the child(ren)
☐ The delivering parent shall drop off the child(ren)
☐ Parents shall share transportation equally
☐ Other: [________________________________]

Exchange Conduct: Both parents shall conduct exchanges in a courteous, conflict-free manner. Neither parent shall use exchange times to discuss disputes or contentious issues.

2.4 Holiday Schedule

Holidays supersede the regular parenting time schedule. The child(ren) shall be with the designated parent for each holiday as follows:

2.5 Summer Schedule

Each parent shall have [____] weeks of uninterrupted vacation time with the child(ren) during summer break, with at least thirty (30) days' written notice to the other parent. Summer vacation time supersedes the regular schedule.

☐ The regular parenting time schedule continues through summer
☐ A modified summer schedule shall apply:
[________________________________]
[________________________________]

2.6 Right of First Refusal

If either parent is unable to care for the child(ren) for more than [____] consecutive hours during that parent's scheduled parenting time, that parent shall first offer the other parent the opportunity to exercise parenting time before arranging third-party childcare.

III. CHILD'S INPUT AND PREFERENCES

Under K.S.A. § 23-3203(a)(3), the Court shall consider the desires of the child if the child is of sufficient age and maturity. Kansas law does not establish a specific age at which a child's preference controls.

☐ The child(ren) are too young for meaningful input at this time.
☐ The child(ren) have been consulted, and their preferences have been considered in forming this Agreement.
☐ The parents agree to periodically consider the child(ren)'s evolving preferences as the child(ren) mature.

IV. RELOCATION (K.S.A. § 23-3222)

4.1 Notice Requirement

Each parent acknowledges the obligation under K.S.A. § 23-3222(a) to provide written notice to the other parent by restricted mail, return receipt requested, at least thirty (30) days before:

1. Changing the residence of the child(ren); or
2. Removing the child(ren) from Kansas for more than ninety (90) days

4.2 Consequences

Failure to provide the required notice constitutes indirect civil contempt under K.S.A. § 23-3222(b). The Court may assess attorney fees and expenses against the non-compliant parent.

4.3 Impact on Joint Custody

The parents acknowledge that a significant relocation may affect the feasibility of this joint custody arrangement and may constitute a material change of circumstances under K.S.A. § 23-3222(c) justifying modification.

4.4 Geographic Limitation

☐ No geographic restriction beyond K.S.A. § 23-3222 notice requirements
☐ Both parents shall maintain residences within [________________________________] to facilitate the joint parenting time schedule
☐ Both parents shall maintain residences within [____] miles of [________________________________]
☐ Other: [________________________________]

V. COMMUNICATION AND INFORMATION SHARING

5.1 Parent-to-Parent Communication

Parents shall communicate through:
☐ Direct telephone, text, or email
☐ A co-parenting application: [________________________________]
☐ Other: [________________________________]

All communication shall be respectful, child-focused, and free of hostility or personal attacks.

5.2 Parent-Child Communication

Each parent shall facilitate reasonable telephone and/or video communication between the child(ren) and the other parent during parenting time, including:

• Phone/video calls at: [________________________________]
• Duration: [________________________________]
• Neither parent shall monitor, record, or interfere with parent-child communications

5.3 Information Access

Both parents shall have full and equal access to:

• School records, report cards, teacher communications, and school event schedules
• Medical, dental, vision, and mental health records
• Extracurricular activity schedules and information
• Emergency contact lists at school and activities

Both parents shall be listed as emergency contacts and authorized for school pickup. Per K.S.A. § 23-3206, an order of sole custody does not diminish information access rights unless the Court specifically orders otherwise with documented findings; under joint custody, both parents have unrestricted access.

5.4 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent, the other parent's family, or the other parent's household members in the presence or hearing of the child(ren).

5.5 Social Media

Neither parent shall post photographs or information about the child(ren) on social media that disparages the other parent or exposes the child(ren) to embarrassment.

VI. CO-PARENTING STANDARDS

6.1 Cooperation

Both parents shall cooperate in all matters affecting the child(ren)'s welfare, consistent with the Kansas statutory requirement under K.S.A. § 23-3203(a)(8) that the Court consider each parent's willingness to respect and facilitate the child's relationship with the other parent.

6.2 Consistency

Parents shall make reasonable efforts to maintain consistent rules, discipline approaches, bedtimes, and homework expectations across both households.

6.3 New Partners and Household Members

If either parent introduces a new romantic partner or household member, the parent shall:

• Notify the other parent in advance
• Introduce the individual gradually
• Ensure the individual does not have a history that would endanger the child(ren)
• Confirm the individual is not required to register as a sex offender (K.S.A. § 23-3203(a)(15)-(17))

6.4 Substance Use

Neither parent shall consume alcohol to the point of impairment or use illegal substances during parenting time or within twelve (12) hours before the start of parenting time.

6.5 Firearms Safety

All firearms in either parent's household shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

6.6 Attendance at Events

Both parents are welcome and encouraged to attend the child(ren)'s school events, performances, sporting events, and other activities. Parents shall conduct themselves respectfully toward each other at all events.

VII. DOMESTIC VIOLENCE SCREENING (K.S.A. § 23-3203(a)(9))

Kansas law requires consideration of evidence of spousal abuse in custody determinations.

☐ Neither parent has a history of domestic violence, stalking, or sexual assault involving the other parent or the child(ren).
☐ The following history is disclosed: [________________________________]
☐ A Protection from Abuse (PFA) order under K.S.A. § 60-3101 et seq. exists or previously existed: Case No. [________________________________], issued [__/__/____].

VIII. DISPUTE RESOLUTION

8.1 Direct Negotiation

Parents shall first attempt to resolve disagreements through direct, respectful communication.

8.2 Mediation (K.S.A. § 23-3214)

If direct negotiation is unsuccessful, parents shall participate in mediation with a qualified Kansas family mediator before seeking court intervention.

Note: Many Kansas judicial districts (including Johnson County — 10th Judicial District, Sedgwick County — 18th Judicial District, and Shawnee County — 3rd Judicial District) have local rules requiring mediation in contested custody matters. Consult your local district court rules.

☐ Mediation shall be with: [________________________________]
☐ Mediation costs shall be shared equally
☐ Mediation costs shall be allocated: Parent A [____]% / Parent B [____]%

Exception: Mediation is not required when a PFA order is in effect or domestic violence makes mediation inappropriate.

8.3 Parenting Coordinator

☐ Not applicable
☐ The parents agree to engage a parenting coordinator to assist with ongoing co-parenting disputes:
Name: [________________________________]
Authority: ☐ Advisory only ☐ Decision-making on non-major issues

8.4 Court Intervention

If mediation is unsuccessful, either parent may petition the District Court of [________________________________] County, Kansas, [____] Judicial District, for resolution.

8.5 Attorney Fees

The prevailing parent in any enforcement proceeding may be awarded reasonable attorney fees and costs at the Court's discretion.

IX. FINANCIAL PROVISIONS

9.1 Child Support

Child support shall be determined in accordance with the Kansas Child Support Guidelines (Supreme Court Administrative Order No. 261, as amended) and is addressed:
☐ In a separate order
☐ As follows: [________________________________]

9.2 Health Insurance

[________________________________] shall maintain health, dental, and vision insurance for the child(ren).

9.3 Unreimbursed Medical Expenses

Unreimbursed medical, dental, vision, orthodontic, and mental health expenses shall be shared:

• Parent A: [____]%
• Parent B: [____]%

The parent incurring the expense shall provide documentation within [____] days, and the other parent shall reimburse within [____] days.

9.4 Extracurricular Activity Costs

Costs for mutually agreed extracurricular activities shall be shared:
☐ Equally
☐ Parent A: [____]% / Parent B: [____]%
☐ Other: [________________________________]

9.5 Education Expenses

☐ Not applicable at this time
☐ The parents shall contribute to education expenses as follows: [________________________________]

X. PARENT EDUCATION (K.S.A. § 23-3214)

☐ Both parents have completed a court-approved parenting education program.
☐ Both parents shall complete a court-approved parenting education program within [____] days of filing this Agreement.
☐ The Court has not required parent education in this case.

XI. MODIFICATION AND REVIEW

11.1 Annual Review

Parents agree to review this Agreement annually, on or about [________________________________], and discuss whether modifications are needed to serve the child(ren)'s evolving needs.

11.2 Modification Standard

This Agreement may be modified only by:

1. Written agreement of both parents, submitted to the Court pursuant to K.S.A. § 23-3202; or
2. Court order upon a showing of material change in circumstances under K.S.A. § 23-3218.

XII. GENERAL PROVISIONS

12.1 Governing Law

This Agreement is governed by the Kansas Family Law Code, K.S.A. Chapter 23, Article 32, and the Kansas Code of Civil Procedure.

12.2 UCCJEA

This Agreement is subject to the Uniform Child Custody Jurisdiction and Enforcement Act, K.S.A. § 23-37,101 through § 23-37,405.

12.3 Severability

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

12.4 Entire Agreement

This Agreement, together with any court orders referenced herein, constitutes the entire understanding between the Parents regarding the custody, residency, and parenting time of the child(ren) and supersedes all prior agreements.

12.5 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

12.6 Notices

All written notices required under this Agreement shall be sent to the addresses listed above, or to such updated address as a party provides in writing.

XIII. SIGNATURES

The undersigned Parents, having read and understood this Agreement in its entirety, voluntarily execute it and request the District Court to approve and incorporate it into an order of the Court.

PARENT A:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B:

Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF KANSAS )
) ss.
COUNTY OF [________________________________] )

I, [________________________________] (Parent A), declare under penalty of perjury under the laws of Kansas that the foregoing is true and correct.

Signature: _________________________________
Date: [__/__/____]

STATE OF KANSAS )
) ss.
COUNTY OF [________________________________] )

I, [________________________________] (Parent B), declare under penalty of perjury under the laws of Kansas that the foregoing is true and correct.

Signature: _________________________________
Date: [__/__/____]

ATTORNEY SIGNATURES (If Represented)

Attorney for Parent A:
Name: [________________________________]
Kansas Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Signature: _________________________________

Attorney for Parent B:
Name: [________________________________]
Kansas Bar No.: [________________________________]
Firm: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Signature: _________________________________

ORDER OF THE COURT

The Court, having reviewed the Joint Legal Custody and Shared Residency Agreement filed by the parties, and having considered the factors set forth in K.S.A. § 23-3203, and finding that:

1. The agreement is voluntary and was not the product of coercion or duress;
2. Pursuant to K.S.A. § 23-3202, the agreed parenting plan is presumed to be in the best interests of the child(ren), and no evidence rebuts that presumption;
3. Joint legal custody under K.S.A. § 23-3206(a) is appropriate;
4. The parenting time schedule serves the best interests of the child(ren);

IT IS THEREFORE ORDERED that the Joint Legal Custody and Shared Residency Agreement is approved and incorporated into this Order of the Court.

Date: [__/__/____]

_________________________________
Hon. [________________________________]
Judge, District Court of [________________________________] County, Kansas
[____] Judicial District

Sources and References

• K.S.A. § 23-3206(a) — Joint legal custody; equal decision-making rights (preferred arrangement)
• K.S.A. § 23-3206(b) — Sole legal custody; requires specific findings on the record
• K.S.A. § 23-3201 — Custody determined in accordance with best interests of the child
• K.S.A. § 23-3202 — Agreed parenting plan creates rebuttable presumption of best interests
• K.S.A. § 23-3203 — Eighteen factors for custody, residency, and parenting time determinations
• K.S.A. § 23-3204 — No presumption favoring either parent for residency
• K.S.A. § 23-3222 — Relocation notice: 30 days by restricted mail; contempt for noncompliance
• K.S.A. § 23-3214 — Court information, parent education, mediation, and forms
• K.S.A. § 60-3101 et seq. — Kansas Protection from Abuse Act
• K.S.A. § 23-37,101 et seq. — Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
• Kansas Judicial Council Forms: https://www.kjc.ks.gov/legal-forms/child-support-parenting-time