Kansas Sole Custody Agreement

SOLE CUSTODY 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

Custodial Parent: [________________________________]
Address: [________________________________]
City: [________________________________], Kansas [________________________________]
Phone: [________________________________]
Email: [________________________________]

Non-Custodial Parent: [________________________________]
Address: [________________________________]
City: [________________________________], Kansas [________________________________]
Phone: [________________________________]
Email: [________________________________]

RECITALS AND STATUTORY CONTEXT

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

B. Kansas law preference for joint custody: Under K.S.A. § 23-3206(a), joint legal custody is the preferred custodial arrangement in Kansas. If the Court does not order joint legal custody, K.S.A. § 23-3206(b) requires the Court to include on the record specific findings of fact upon which the order for sole legal custody is based.

C. The Parents stipulate, or the Court has determined, that sole legal custody to the Custodial Parent is in the best interests of the child(ren) because:

☐ The Non-Custodial Parent has a history of domestic violence (K.S.A. § 23-3203(a)(9))
☐ The parents are unable to cooperate and communicate regarding the child(ren)'s welfare (K.S.A. § 23-3203(a)(8), (a)(10))
☐ The Non-Custodial Parent has a substance abuse problem that affects parenting ability
☐ The Non-Custodial Parent's geographic distance makes joint decision-making impractical
☐ The Non-Custodial Parent has been absent or uninvolved in the child(ren)'s life (K.S.A. § 23-3203(a)(1))
☐ The Non-Custodial Parent has a criminal history affecting custodial fitness (K.S.A. § 23-3203(a)(15)-(18))
☐ Other: [________________________________]

Specific findings supporting sole custody (required under K.S.A. § 23-3206(b)):
[________________________________]
[________________________________]
[________________________________]

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

E. This Agreement is submitted pursuant to K.S.A. § 23-3207 and, if agreed upon by both parents, is presumed to be in the child(ren)'s best interests under K.S.A. § 23-3202.

I. SOLE LEGAL CUSTODY (K.S.A. § 23-3206(b))

1.1 Grant of Sole Legal Custody

The Custodial Parent shall have sole legal custody of the child(ren), with exclusive authority to make all major decisions regarding:

• Education: School enrollment, school changes, special education decisions (IEP/504), tutoring, and educational planning
• Medical Care: Selection of healthcare providers, non-emergency medical treatment, dental and vision care, surgical procedures, and vaccinations
• Mental Health: Initiation or termination of counseling, therapy, or psychiatric treatment; medication decisions
• Extracurricular Activities: Enrollment in sports, clubs, lessons, and organized activities
• Religious Upbringing: Religious education, participation in ceremonies, and spiritual development
• Travel: Domestic and international travel decisions
• Legal Matters: Consent to legal proceedings, name changes, or other legal actions affecting the child(ren)

1.2 Consultation (Optional, Not Required)

☐ The Custodial Parent is encouraged, but not required, to consult with the Non-Custodial Parent regarding major decisions.
☐ The Custodial Parent shall provide the Non-Custodial Parent with written notice of major decisions within [____] days of making such decisions.
☐ No consultation or notice obligation.

1.3 Information Access Rights

Important Kansas Law Note: Under K.S.A. § 23-3206, an order granting sole legal custody to one parent does not diminish the other parent's right to access information regarding the child(ren) unless the Court specifically orders such restriction with documented findings.

Unless the Court orders otherwise:

• The Non-Custodial Parent retains the right to access school records, report cards, and teacher communications directly from the school
• The Non-Custodial Parent retains the right to access medical, dental, and mental health records directly from providers
• The Non-Custodial Parent shall be listed as an emergency contact at the child(ren)'s school and medical providers
• The Custodial Parent shall provide copies of report cards and significant medical information to the Non-Custodial Parent within [____] days

☐ The Court has restricted the Non-Custodial Parent's information access. Specific restrictions:
[________________________________]

II. SOLE PHYSICAL CUSTODY AND RESIDENCY

2.1 Primary Residence

The child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]
City: [________________________________], Kansas [________________________________]

2.2 School Enrollment

The child(ren) shall be enrolled in:
School District: [________________________________] (USD [____])
School Name: [________________________________]

III. NON-CUSTODIAL PARENT PARENTING TIME (K.S.A. § 23-3208)

Kansas courts favor frequent and continuing contact between children and both parents. Parenting time for the Non-Custodial Parent shall be as follows:

3.1 Parenting Time Schedule

Select one option:

☐ Option A: Standard Parenting Time

• Alternating weekends: Friday at [____] PM to Sunday at [____] PM (or Monday morning school drop-off)
• Midweek visit: [________________________________] (day) from [____] PM to [____] PM
• Extended summer: [____] weeks (☐ consecutive ☐ non-consecutive) with [____] days' advance written notice

☐ Option B: Expanded Parenting Time

• Alternating weekends: Friday after school to Monday morning school drop-off
• Midweek overnight: [________________________________] (day) after school to [________________________________] (day) morning school drop-off
• Extended summer: [____] weeks with [____] days' advance written notice

☐ Option C: Supervised Parenting Time
Supervision is required due to: [________________________________]

• Frequency: [________________________________]
• Duration: [____] hours per visit

• Location: ☐ Supervised visitation center: [________________________________]
  ☐ In the presence of: [________________________________]

• Supervisor's responsibilities: Ensure the child(ren)'s safety; may terminate the visit if the child(ren) are at risk

• Cost of supervision: ☐ Non-Custodial Parent ☐ Shared ☐ Other: [________________________________]
• Step-up provisions: Supervised parenting time may transition to unsupervised upon:
  ☐ Completion of [________________________________] (program/treatment)
  ☐ [____] consecutive months of compliance with all terms
  ☐ Positive report from supervisor
  ☐ Court order following review hearing on or after [__/__/____]

☐ Option D: Restricted/No Contact
Due to: [________________________________]

• ☐ No parenting time until further court order
• ☐ Limited contact as follows: [________________________________]
• ☐ Review hearing scheduled for [__/__/____]

☐ Option E: Custom Schedule
[________________________________]
[________________________________]

3.2 Exchange Details

Exchange Location:
☐ Custodial Parent's residence
☐ Child(ren)'s school
☐ Neutral public location: [________________________________]
☐ Supervised exchange center: [________________________________]

Transportation:
☐ Non-Custodial Parent is responsible for both pickup and return
☐ Custodial Parent provides transportation for pickup; Non-Custodial Parent returns
☐ Shared: [________________________________]

3.3 Holiday Schedule

3.4 Vacation Time

The Non-Custodial Parent may have [____] weeks of vacation time per year with the child(ren), subject to:

• At least [____] days' advance written notice to the Custodial Parent
• Travel itinerary and contact information provided at least fourteen (14) days in advance
• Vacation shall not unreasonably interfere with the child(ren)'s school schedule

The Custodial Parent may travel with the child(ren) within the United States without the Non-Custodial Parent's consent for trips of [____] days or fewer.

3.5 Right of First Refusal

☐ Not applicable
☐ If the Custodial Parent is unavailable to care for the child(ren) for more than [____] consecutive hours, the Custodial Parent shall first offer the Non-Custodial Parent the opportunity to exercise parenting time.

IV. COMMUNICATION

4.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable telephone and/or video communication between the Non-Custodial Parent and the child(ren):

• Frequency: [________________________________]
• Preferred time: [________________________________]
• Method: ☐ Phone ☐ Video call ☐ Either

The Custodial Parent shall not monitor, record, or interfere with these communications unless the Court orders otherwise due to safety concerns.

4.2 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any:

• Emergency, serious illness, or hospitalization of the child(ren)
• Injury requiring medical treatment
• Involvement with law enforcement or DCF
• School suspensions or expulsions

4.3 Parent-to-Parent Communication

Parents shall communicate about the child(ren) through:
☐ Direct telephone, text, or email
☐ Co-parenting application: [________________________________]
☐ Written communication only (in cases involving conflict or safety concerns)

V. RELOCATION (K.S.A. § 23-3222)

5.1 Custodial Parent Relocation

The Custodial Parent shall provide the Non-Custodial Parent written notice by restricted mail, return receipt requested, at least thirty (30) days before:

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

(K.S.A. § 23-3222(a))

5.2 Relocation Within Kansas

☐ The Custodial Parent may relocate within Kansas with thirty (30) days' written notice
☐ The Custodial Parent shall remain within [________________________________] County
☐ The Custodial Parent shall remain within [____] miles of [________________________________]

5.3 Relocation Outside Kansas

Relocation outside Kansas requires:
☐ Written consent of the Non-Custodial Parent; or
☐ Court approval after a hearing on the best interests of the child(ren) under K.S.A. § 23-3222(c)

5.4 Non-Custodial Parent Relocation

The Non-Custodial Parent shall also provide thirty (30) days' notice before changing residence, so the parenting time schedule can be adjusted if necessary.

VI. DOMESTIC VIOLENCE AND SAFETY PROVISIONS

6.1 K.S.A. § 23-3203(a)(9) Disclosure

☐ No history of domestic violence between the parties.
☐ A history of domestic violence exists and has been considered in awarding sole custody:
[________________________________]

6.2 Protection from Abuse Orders (K.S.A. § 60-3101 et seq.)

☐ No PFA orders exist between the parties.
☐ A PFA order was issued on [__/__/____], Case No. [________________________________]:

• ☐ Currently in effect — This Agreement is consistent with PFA terms
• ☐ Expired on [__/__/____]

6.3 Conditions on Non-Custodial Parent (If Applicable)

☐ None
☐ The Non-Custodial Parent shall comply with the following conditions:

• ☐ Complete a batterer's intervention program: [________________________________]
• ☐ Complete substance abuse treatment: [________________________________]
• ☐ Complete anger management: [________________________________]
• ☐ Complete parenting classes per K.S.A. § 23-3214
• ☐ Submit to random drug/alcohol testing: [________________________________]
• ☐ Refrain from possessing firearms during parenting time
• ☐ Other: [________________________________]

VII. DISPUTE RESOLUTION

7.1 Mediation (K.S.A. § 23-3214)

Before filing any motion to modify or enforce this Agreement, the parties shall participate in mediation with a qualified Kansas family mediator, except:

• When a PFA order is in effect
• When domestic violence makes mediation inappropriate
• In emergency situations requiring immediate court intervention

Note: Local district court rules may require mediation. Check rules for your judicial district (e.g., Johnson County — 10th Judicial District, Sedgwick County — 18th Judicial District, Shawnee County — 3rd Judicial District).

7.2 Forum

Exclusive jurisdiction lies in the District Court of [________________________________] County, Kansas, [____] Judicial District, subject to the UCCJEA (K.S.A. § 23-37,101 et seq.).

7.3 Enforcement of Parenting Time (K.S.A. § 23-3208)

The Non-Custodial Parent may seek enforcement of parenting time orders through the District Court. Remedies may include:

• Make-up parenting time
• Modification of the parenting time schedule
• Assessment of attorney fees and costs
• Contempt proceedings

7.4 Attorney Fees

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

VIII. FINANCIAL PROVISIONS

8.1 Child Support

Child support shall be calculated under the Kansas Child Support Guidelines (Supreme Court Administrative Order No. 261) and is:
☐ Addressed in a separate order
☐ [________________________________] shall pay $[________________________________] per month to [________________________________]

8.2 Health Insurance

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

8.3 Unreimbursed Medical Expenses

Unreimbursed medical expenses shall be allocated:

• Custodial Parent: [____]%
• Non-Custodial Parent: [____]%

8.4 Childcare Costs

Work-related childcare costs shall be allocated:

• Custodial Parent: [____]%
• Non-Custodial Parent: [____]%

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

☐ Both parents have completed a court-approved parenting education program.
☐ Both parents shall complete a court-approved program within [____] days.
☐ Not required by the Court.

X. MODIFICATION (K.S.A. § 23-3218)

Either parent may petition the Court for modification of this Agreement upon a showing of material change in circumstances under K.S.A. § 23-3218. Neither parent shall seek modification within two (2) years of this order unless the child(ren)'s present environment endangers their physical, mental, or emotional health.

XI. GENERAL PROVISIONS

11.1 Non-Disparagement

Neither parent shall make disparaging remarks about the other parent in the child(ren)'s presence or hearing.

11.2 Non-Interference

The Non-Custodial Parent shall not interfere with the Custodial Parent's decision-making authority.

11.3 Substance Use

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

11.4 Firearms Safety

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

11.5 Return of Children

The Non-Custodial Parent shall return the child(ren) promptly at the scheduled time and location. Failure to return the child(ren) may constitute a material breach and may result in contempt proceedings.

11.6 Severability

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

11.7 Entire Agreement

This Agreement, together with any referenced court orders, constitutes the entire understanding regarding custody.

11.8 Counterparts

This Agreement may be executed in counterparts and electronically.

XII. SIGNATURES

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

CUSTODIAL PARENT:

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

NON-CUSTODIAL PARENT:

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

VERIFICATION

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

I, [________________________________] (Custodial Parent), 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, [________________________________] (Non-Custodial Parent), 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 Custodial Parent:
Name: [________________________________]
Kansas Bar No.: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Signature: _________________________________

Attorney for Non-Custodial Parent:
Name: [________________________________]
Kansas Bar No.: [________________________________]
Address: [________________________________]
Phone: [________________________________]
Signature: _________________________________

ORDER OF THE COURT

The Court, having reviewed the Sole Custody Agreement, and having considered the factors set forth in K.S.A. § 23-3203, hereby makes the following findings and orders:

FINDINGS OF FACT (Required under K.S.A. § 23-3206(b)):

The Court finds that joint legal custody is not in the best interests of the child(ren) because:
[________________________________]
[________________________________]
[________________________________]

IT IS THEREFORE ORDERED:

1. Sole legal custody is awarded to [________________________________] pursuant to K.S.A. § 23-3206(b).
2. Physical custody/residency is with [________________________________] at the address specified herein.
3. Parenting time for the Non-Custodial Parent is as set forth in Section III.
4. All other terms of this Agreement are approved and incorporated into this Order.

Date: [__/__/____]

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

Sources and References

• K.S.A. § 23-3206(a) — Joint legal custody (preferred arrangement); equal decision-making
• K.S.A. § 23-3206(b) — Sole legal custody; requires specific findings of fact on the record
• K.S.A. § 23-3201 — Legal custody, residency, and parenting time determined by best interests
• K.S.A. § 23-3203 — Eighteen factors for custody determinations, including domestic abuse (subsection (a)(9)) and sex offender registration (subsections (a)(15)-(18))
• K.S.A. § 23-3204 — No presumption favoring either parent regarding residency
• K.S.A. § 23-3208 — Parenting time and visitation enforcement
• K.S.A. § 23-3218 — Modification upon material change of circumstances
• K.S.A. § 23-3222 — Change in child's residence; 30-day notice by restricted mail
• K.S.A. § 23-3214 — Court information; parent education; mediation
• K.S.A. § 60-3101 et seq. — Kansas Protection from Abuse Act
• K.S.A. § 23-37,101 et seq. — UCCJEA
• Kansas Judicial Council Forms: https://www.kjc.ks.gov/legal-forms/child-support-parenting-time