To complete the Kansas parenting plan form, download the free Proposed Parenting Plan from the Kansas Judicial Council, fill in the four sections Kansas law requires (legal custody, a parenting time schedule, a dispute resolution procedure, and military deployment provisions), sign it, and file it with the Clerk of the District Court in the county where your divorce or parentage case is pending.1Kansas Judicial Council. Establishing Parenting Time Once a judge approves it, the plan becomes an enforceable court order.
Where to Get the Form
The Kansas Judicial Council publishes the Proposed Parenting Plan on its website under the “Establishing Parenting Time” section of the Child Support and Parenting Time forms page.1Kansas Judicial Council. Establishing Parenting Time Paper copies are available from the Clerk of the District Court in the county handling your case. The forms are copyrighted but free to use. Do not mail the completed plan to the Judicial Council; the Council’s office does not accept filings.2Kansas Judicial Council. Legal Forms
One thing to check before you start: the form is only usable inside an existing divorce or parentage case. It does not open a new case on its own.1Kansas Judicial Council. Establishing Parenting Time If the two parents agree on the terms, both sign one plan and submit it as an agreed parenting plan. If they don’t, each parent files a separate proposed plan and the judge decides. Agreed plans usually move faster; competing plans require a hearing.
The Four Sections Kansas Law Requires
Every permanent parenting plan in Kansas must, at a minimum, address four things:3Kansas Office of Revisor of Statutes. Kansas Code 23-3213 – Permanent; Objectives; General Outline, Provisions
- Legal custody, meaning whether the parents share joint legal custody or one parent has sole legal custody.
- A parenting time schedule showing when the child is with each parent.
- A method for resolving future disputes without going back to court.
- If either parent is a service member, terms covering custody and parenting time during deployment, mobilization, or an unaccompanied tour.
The statute allows a plan to be a general outline, but it also allows a detailed plan covering residential schedules, holiday and birthday rotations, summer and school vacations, weekends including adjacent in-service days, transportation, and communication between the child and each parent.3Kansas Office of Revisor of Statutes. Kansas Code 23-3213 – Permanent; Objectives; General Outline, Provisions Courts tend to prefer detailed plans because a vague plan sends you back to court the first time something isn’t covered.
Filling In the Legal Custody Section
Kansas defines legal custody as decision-making authority over the child’s health, education, and welfare.4Kansas Office of Revisor of Statutes. Kansas Code 23-3211 – Definitions The form asks you to pick joint or sole.
Joint legal custody means both parents must consult each other on major decisions like schooling, medical providers, religious instruction, and things like braces or therapy. Both parents also get equal access to medical and school records. Joint custody is the preferred arrangement in Kansas, and it is separate from where the child lives or how much time each parent gets. A parent with less parenting time can still hold joint legal custody.
Sole legal custody gives one parent full decision-making authority. A judge must make specific findings supporting a sole custody award, so if you check that box, be prepared to explain why joint custody would not serve the child. Even with sole legal custody, the other parent keeps equal access to medical and school records and keeps whatever parenting time the plan grants.
Filling In Residence and Parenting Time
This section identifies which home is the child’s primary residence and how the child’s time is divided. A temporary parenting plan filed while the case is pending will designate a temporary residence; the permanent plan sets the long-term arrangement.5Kansas Office of Revisor of Statutes. Kansas Code 23-3212 – Temporary Orders
Be specific. Instead of “the child will spend weekends with Father,” write exact start and end times: “Father’s parenting time begins Friday at 6:00 p.m. and ends Sunday at 6:00 p.m.” Include who handles transportation for each exchange and where the exchange happens. A school parking lot or other neutral spot works when parents prefer not to visit each other’s homes.
For holidays and school breaks, build a rotation so the child alternates between households each year. Common approaches split Thanksgiving and spring break on even/odd years and divide winter break so each parent gets part of the holiday season every year. Summer schedules should name the exact weeks each parent gets and any notice requirements for planning trips. Details you write in now are arguments you don’t have later.
Filling In the Dispute Resolution Section
Every Kansas parenting plan must include a way to resolve disagreements without court intervention.3Kansas Office of Revisor of Statutes. Kansas Code 23-3213 – Permanent; Objectives; General Outline, Provisions The common approach is to require mediation before either parent can file a motion. Name the specific process. A workable version reads something like: “The parents will attempt to resolve disputes through direct communication. If they cannot reach agreement within 14 days, either parent may request private mediation. If mediation fails, either parent may seek court relief.”
Private family law mediators typically charge by the hour, and the plan can spell out how those costs are split. Some plans name a specific mediator. Others require a licensed mediator and let the parents pick one when the need arises. Both work, though naming one up front avoids having to agree on a mediator in the middle of a fight.
Filling In the Military Deployment Section
If either parent is a service member, Kansas law requires the plan to address what happens during deployment, mobilization, or an unaccompanied tour. A deployment-related custody change is always treated as a temporary order, not a permanent modification. The nondeploying parent must reasonably accommodate the service member’s leave schedule and facilitate phone and email contact between the deployed parent and the child. The deployed parent must share leave schedule information promptly. Willful violation of these provisions is contempt of court.6FindLaw. Kansas Code 23-3217 If neither parent is a service member, the plan can note that the provision does not apply.
Optional Provisions Worth Adding
The four minimums are the floor. Several other topics come up often enough that spelling them out on the front end saves trouble.
Health Insurance and Medical Expenses
Specify which parent carries the child on their health insurance and how uninsured costs like co-pays, deductibles, orthodontia, and therapy are divided. A common split is proportional to each parent’s income; a 50/50 split is also easy to administer. Adding a threshold, say $250, above which both parents must agree before the expense is incurred prevents surprise bills.
Right of First Refusal
A right of first refusal clause gives the other parent the chance to care for the child before a babysitter or relative steps in. Set a time trigger, such as any absence longer than four hours. Without a threshold, the clause generates constant texts about short errands.
Communication With the Other Parent
A short provision guaranteeing the child reasonable phone or video contact with the other parent during each custody period prevents one parent from restricting access. Some plans set a specific daily window; others just require calls at reasonable times.
Filing the Plan With the Court
File the completed plan with the Clerk of the District Court in the county where the divorce or parentage case is pending. The forms are meant to be filed as part of that existing case.7Kansas Judicial Council. Child Support and Parenting Time Both parents sign if they’ve agreed. If you’re filing a proposed plan because the parents disagree, only the filing parent signs.
The docket fee for an initial divorce or paternity case in Kansas is $195. Filing the parenting plan as a post-judgment motion to modify an existing order costs $62. Johnson County adds $1.50 and Sedgwick County adds $2.00 to any filing.8Kansas Self-Help. District Court Filing Fees A parent who can’t afford the fee can file a Poverty Affidavit asking the court to waive it, listing income sources and amounts under oath.9Kansas Office of Revisor of Statutes. Kansas Code 60-2001 – Docket Fee; Poverty Affidavit The Judicial Council publishes the Poverty Affidavit form alongside its other free forms.10Kansas Judicial Council. Poverty Affidavit
If you’re modifying an existing order rather than filing during the original case, you’ll also need a Motion to Modify, a UCCJEA Affidavit (which establishes that Kansas has jurisdiction over the custody matter), a Notice of Hearing, and a service instruction form. You must serve the other parent with copies of the motion and the hearing notice. If service isn’t completed, the motion will be dismissed.
What Happens After You File
The judge reviews the plan to confirm it serves the child’s best interests. For an agreed plan already signed by both parents, the review is usually straightforward, though the judge can still reject or modify terms that appear one-sided or that don’t adequately protect the child. For competing proposed plans, the judge holds a hearing, weighs each proposal, and issues an order with whatever terms the court finds appropriate.
Once approved, the parenting plan is incorporated into the final court order. Both parents are legally bound by its terms, and violating the order can lead to contempt of court proceedings. Keep a copy of the signed order. You’ll need it if disputes come up later or if a school, doctor’s office, or other institution asks for proof of your custody arrangement.
Changing the Plan Later
Kansas courts can modify a prior custody, residency, or parenting time order when a parent shows a material change of circumstances.11Kansas Office of Revisor of Statutes. Kansas Code 23-3218 – Modification of Child Custody, Residency, Visitation and Parenting Time Material change means something significant has shifted since the last order, such as a parent relocating, a child’s needs evolving with age, a change in work schedules, or safety concerns. Wanting a different schedule isn’t enough on its own.
Relocation has its own rule. A parent planning to change the child’s residence or take the child out of Kansas for more than 90 days must send written notice to the other parent at least 30 days before the move, by restricted mail with return receipt requested to the other parent’s last known address.12Kansas Office of Revisor of Statutes. Kansas Code 23-2225 A relocation can itself qualify as a material change justifying a modification.13Kansas Office of Revisor of Statutes. Kansas Code 23-3222