Chapter 60: Procedure, Civil

Article 16: Divorce And Maintenance

Statute 60-1625: Same; permanent; objectives; general outline, provisions. (a) The objectives of the permanent parenting plan are to:

      (1)   Establish a proper allocation of parental rights and responsibilities;

      (2)   establish an appropriate working relationship between the parents such that matters regarding the health, education and welfare of their child is best determined;

      (3)   provide for the child's physical care;

      (4)   set forth an appropriate schedule of parenting time;

      (5)   maintain the child's emotional stability;

      (6)   provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to the permanent parenting plan;

      (7)   minimize the child's exposure to harmful parental conflict;

      (8)   encourage the parents, where appropriate, to meet their responsibilities to their minor children through agreements in the permanent parenting plan, rather than by relying on judicial intervention; and

      (9)   otherwise protect the best interests of the child.

      (b)   A permanent parenting plan may consist of a general outline of how parental responsibilities and parenting time will be shared and may allow the parents to develop a more detailed agreement on an informal basis; however, a permanent parenting plan must set forth the following minimum provisions:

      (1)   Designation of the legal custodial relationship of the child;

      (2)   a schedule for the child's time with each parent, when appropriate;

      (3)   a provision for a procedure by which disputes between the parents may be resolved without need for court intervention; and

      (4)   if either parent is a service member, as defined in K.S.A. 2009 Supp. 60-1630, and amendments thereto, provisions for custody and parenting time upon military deployment, mobilization, temporary duty or unaccompanied tour of such service member.

      (c)   A detailed permanent parenting plan shall include those provisions required by subsection (b), and may include, but need not be limited to, provisions relating to:

      (1)   Residential schedule;

      (2)   holiday, birthday and vacation planning;

      (3)   weekends, including holidays and school inservice days preceding or following weekends;

      (4)   allocation of parental rights and responsibilities regarding matters pertaining to the child's health, education and welfare;

      (5)   sharing of and access to information regarding the child;

      (6)   relocation of parents;

      (7)   telephone access;

      (8)   transportation; and

      (9)   methods for resolving disputes.

      (d)   The court shall develop a permanent parenting plan, which may include such detailed provisions as the court deems appropriate, when:

      (1)   So requested by either parent; or

      (2)   the parent or parents are unable to develop a parenting plan.

      History:   L. 2000, ch. 171, § 27; L. 2008, ch. 151, § 2; May 22.