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DISTRICT COURTS
OF
THE 11
TH
JUDICIAL DISTRICT
OF KANSAS
Dear Parent:
This pamphlet, commonly referred
to as “The Green Book,” has been
prepared to assist you in understanding
the needs of your children before,
during, and after divorce.
As you know, a divorce does not
terminate your child’s family. It is a
reorganization. Your child is entitled to
receive continued love and affection
from both of you. If you cooperate and
work together, it will greatly facilitate
the needs of your child during this
difficult time in your lives.
The pamphlet was prepared by a
committee of judges, mental health
professionals, and attorneys who have
had experience in working with families
going through the difficult process of
divorce. It will also be of assistance to
those parents involved in paternity
proceedings.
Sincerely,
Judges of the District Courts of
The 11
th
Judicial District
Cherokee County
Crawford County
Labette County
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COMMON BARRIERS IN FAMILY
REORGANIZATION
AND TIPS FOR DIVORCING
PARENTS
A family’s adjustment to the
reorganization process before and after
divorce is painful and never easy on kids.
Typically, family members may not realize
they do things that make the adjustment
more difficult. Following are some common
barriers to successful family reorganization
and some ways parents can lessen the
impact of their break-up on their children.
1. Don’t Worry, It’ll Be Okay. The
reality is, however, that divorce means
painful changes for everyone.
Misplaced assurances to the contrary
may be unrealistic.
2. The Messenger Game. Angry parents
may find it difficult to talk to each
other. Rather than giving
straightforward and honest information
to each other, they frequently ask
children to carry messages to the other
parent. This burdens the children. The
less children feel a part of the “battle”
between their parents, the better.
3. I Spy. It is sometimes difficult for
family members to accept the reality
that the marriage has ended and they
continue to express curiosity and seek
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information about the lifestyle and
activities of the other spouse. Do not
use your children for information about
your former spouse.
4. The Disneyland Parent. Parents
experience guilt, insecurity and
loneliness as they struggle to relate to
their children after divorce. As a
consequence, they may attempt to fill
their visits with activities and gifts
rather than talking to their children.
Resist this temptation. It presents an
unrealistic picture of love and
parenting.
5. Cut Down. Never disparage your
former spouse or misstate or exaggerate
family information. Children know they
are “part mom” and “part dad.” Such
criticism, exaggeration or misstatement
can severely affect their self-esteem.
6. Friendly Divorce. Many parents expect
themselves to be friendly even though
they feel unfriendly. It is difficult to
maintain a friendship in a divorce
situation. Being civil to each other and
acting in a businesslike manner in
communicating about your children
seems to work best and is less confusing
to the children.
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7. I Wish. The finality of divorce is
difficult for children to accept. They
wish the divorce had not occurred.
With your love and support, and as the
family adjusts to the divorce, the
frequency of these feelings should
decline.
8. My Fault. Many children assume that
they are to blame for their parents’
divorce and hostility toward each other.
Reassure your children that they are
loved, that the divorce is not their fault
and avoid displays of anger toward your
former spouse.
9. Visitation Guilt. Children want to
please both parents and to be with both
parents. Do everything within your
power to accommodate and encourage
parenting time with the other parent.
10. Children’s Best Interests. At every
step during your divorce, remind
yourself that your children’s interests –
not yours – are paramount, and act
accordingly. Lavish them with love at
every opportunity.
11. Caretaker. Your children may be
tempted to act as your caretaker. Resist
the temptation to let them. Let your
peers, adult family members, and
mental health professionals be your
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counselors and sounding board. Let
your children be children.
12. Child Support. Pay your support. The
loss of income facing many children
after divorce puts them at a financial
disadvantage that has a pervasive effect
on the rest of their lives. If you are not
receiving child support as ordered by
the court, do not tell your children. It
feeds into the child’s sense of
abandonment and further erodes his or
her stability.
13. Moving. If at all possible, do not uproot
your children. Stability in their
residence and school life helps buffer
children from the trauma of their
parent’s divorce.
14. Alcohol & Drugs. If you have a
drinking or drug problem, get
counseling right away. Any impairment
inhibits your ability to reassure your
children and to give them the attention
they need at this difficult time.
TYPES OF CUSTODIAL AND
RESIDENCY ARRANGEMENTS
Legal custody and residency mean
different things. Legal custody relates to
decision-making authority. Residency
relates to where the child lives. Joint legal
custody does not mean equal parenting or
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residency time. Conversely, primary
residency does not mean primary decision
making authority.
There are two types of legal custody the
court may order:
1. Joint custody means that both parents
have equal rights and responsibilities
regarding their child(ren)’s health,
education and general welfare. Neither
parent’s rights are superior to the other
parent’s.
2. Sole custody means that the parent
granted sole legal custody has the
primary right to decide matters
regarding the health, education and
welfare of the child(ren). The other
parent may still be granted visitation
and parenting time. Sole custody is
ordered only if the court finds that it is
not in the best interests of the child(ren)
that both parents should have equal
right to make decisions pertaining to the
child(ren). Sole custody is an unusual
and infrequent custodial arrangement.
There are three types of residential
placement or parenting time arrangements
the court may find, in its discretion, to be in
the best interest of the child(ren):
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1. Residency, ranging from primary
residency with one parent to equal
residency time with both parents.
2. Divided residency, in which one or
more children reside with each parent
and have parenting time with the other.
This is only ordered in exceptional
cases.
3. Nonparental residence, where it is
determined that the child is in need of
care or that neither parent is fit to have
residency.
Children fare best after divorce when
both parents are actively involved in their
lives. In joint legal custody, both parents
have the responsibility for support,
discipline, decision making, guiding, and
caring for their children. An unworkable
marriage does not mean joint parenting will
be unsuccessful. However, the adults must
be able to focus on their role as parents, not
as ex-spouses. Repeated unreasonable
interference by one parent with the visitation
rights or parenting time rights of the other
parent may result in a sole custody order or
a modification of residency or parenting
time as the court finds the circumstances
merit.
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GOOD CUSTODIAL COMPONENTS
Successful custodial arrangements
contain the following components:
• A commitment to work together as
parents to raise the child and the desire
to continue to be an active part of the
child’s life. You should recognize the
value that the other parent has to the
child.
• Recognition of the other parent’s
importance to your child(ren). Each
parent has different child rearing skills
and assets that can be combined to more
completely meet the needs of the
child(ren).
• As parents, there must be an ability to
communicate civilly about your
child(ren)’s health, education, and
welfare. Parents need to be able to
discuss the needs of the child(ren) and
changes in the schedule.
• Parenting is cooperative, not
competitive. Each parent should strive
to resolve conflicts as they occur,
realizing that your child(ren)’s needs
and your needs may change over time.
• The arrangement should provide your
child(ren) with consistency or a routine.
It needs to provide continuity for your
child(ren), not confusion.
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• There is need for a shared sense of
responsibility for your child(ren) such
as discipline, finances and care.
PARENTAL CONTACT
Kansas law provides that both parents
are entitled to reasonable parenting time
with the child(ren) unless the Court finds
that such contact would not be in the best
interests of the child(ren). Children should
be encouraged to have access to both
parents. Such access includes reasonable
parenting time, telephone, correspondence
and other contact. Each parent is expected to
follow through with the parenting schedule.
It is expected that the parent shall have the
child(ren) ready and that both parents are on
time for the exchange.
Unless an emergency arises, any parent
unable to keep the parenting schedule shall
give three days notice to the other parent. If
an emergency situation prevents advance
notice, such notice as is possible under the
circumstances shall be given.
ADDRESSES, TELEPHONE NUMBERS
AND CHANGES THEREOF
Each parent shall supply the other with
his/her current residential address and
telephone number and shall promptly advise
the other of any changes that occur. Notice
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should be in writing. Any parent intending
to change the address of a child shall give
the other parent not less than 30 days notice
thereof in writing. Any parent intending to
move a child’s residence from the State of
Kansas for a period of time exceeding 90
days shall send 30 days advance notice by
restricted mail, return receipt requested.
MINIMUM PARENTAL
CONTACT SCHEDULE
The following is a sample parenting
time and contact schedule that the judges in
this district will normally consider
minimally consistent with the best interests
of the child(ren) under a joint legal custody
and parenting time order in which parent A
has primary residential custody:
1. Alternate Weekends: Parent B to have
alternate weekend parenting time
beginning at 6:00 p.m. on Friday until
7:00 p.m. on Sunday.
2. Evening Physical Custody: Parent B to
have one weekday evening per week
which, if feasible, should be overnight.
3. Holidays:
a. Easter Weekend: Parenting time
with parent B from 6:00 p.m.
Friday until 7:00 p.m. Sunday
during even numbered years and
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with parent A during odd numbered
years.
b. Spring Break: Parenting time with
each parent during one half of the
spring break, with a transfer to
occur on Wednesday evening at
7:00 p.m. The parent normally
having the child during the first
weekend of spring break shall
continue to have the child until the
Wednesday transfer.
c, Mother’s Day: From 9:00 a.m. until
7:00 p.m. with the child’s mother.
d. Memorial Day: From 6:00 p.m.
Friday until 7:00 p.m. Monday with
Parent A in even numbered years
and parent B during odd numbered
years.
e. Father’s Day: From 9:00 a.m. until
7:00 p.m. with the child’s father.
f. Independence Day: From 6:00 p.m.
July 3 until 7:00 p.m. on July 5
with parent A during even
numbered years and parent B
during odd numbered years.
g. Labor Day: From 6:00 p.m. Friday
until 7:00 p.m. Monday with parent
B during even numbered years and
parent A during odd numbered
years.
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h. Halloween: A minimum of three
hours Halloween evening with
parent A in even numbered years
and with parent B during odd
numbered years.
i. Thanksgiving: From 7:00 p.m.
Wednesday until 7:00 p.m.
Thursday with parent B during
even numbered years and parent A
during odd numbered years.
j. Christmas Eve: From 7:00 p.m. the
day school is dismissed for
Christmas vacation until 9:00 p.m.
Christmas Eve, December 24, with
parent B during even numbered
years and parent A during odd
numbered years.
k. Christmas Period: From 9:00 p.m.
December 24 until 7:00 p.m.
December 30 with parent A during
even numbered years and parent B
during odd numbered years.
l. New Years Eve and New Years
Day: From 7:00 p.m. December 30
until 7:00 p.m. on the evening
before school resumes with parent
B in even numbered years and
parent A in odd numbered years.
m. Parent’s Birthday: The child shall
spend part of the day (a minimum
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of three hours) with the respective
parent on that parent’s birthday.
n. Child’s Birthday: The child shall
spend the child’s birthday with
parent B in even numbered years
and with parent A in odd numbered
years. The child shall spend the
day before or the day after the
child’s birthday with the other
parent.
4. Summer Residency: The Court
suggests the parties select a summer
vacation plan that is appropriate for
their family. Some options include:
a. Residency with parent B from June
1
st
to August 1
st
with alternate
weekend parenting time for parent
A.
b. One half of summer with each
parent.
c. In addition to alternate weekend
parenting time, more frequent
periods of time with parent B.
5. Vacation: After 30 days advance notice
and consultation with the other parent,
each parent may arrange to take a
vacation trip with the child for a period
not exceeding 14 days.
6. Conflicts and Good-faith
Considerations:
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a. Birthday-Holiday: Conflicts
between a holiday and a birthday
shall be resolved in favor of the
holiday schedule. However, the
parties are directed to be flexible in
allowing the birthday to be
celebrated before or after the
holiday period.
b. Weekend-Holiday: Conflicts
between weekends and holidays
shall be resolved in favor of the
holiday schedule.
c. Weekend: The schedule of
weekend parenting time shall be
determined without regard to
whether the regular schedule has
been preempted from time to time
by one of the scheduled holidays.
There shall be no adjustment for
“missed” weekends due to
interruption by the holiday
visitation schedule, however, the
parties are encouraged to
compensate for missed parenting
time so a non-residential parent
will not go three weekends without
seeing the child.
d. Age Adjustments: It is expected
that parents will exercise good faith
with each other and act in the best
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interests of their child(ren) so that
each parent can have a full and
active participation in the lives of
their child(ren). Any parenting plan
or schedule, for example, should
take into consideration the age of
the child. For infants and preschool
children, consideration should be
given to scheduling more frequent
but shorter contacts with parent B
during the week on a routine and
consistent basis. Consideration
should also be given to older
adolescents whose personal
schedules may interfere with these
guidelines.
7. Telephone Communication: Telephone
calls between parent and child should
be liberally permitted at reasonable
hours and at the expense of the calling
parent. Weekly telephone
communication with the child should be
permitted.
8. Postal and E-mail Contact: Parents and
children should have an unrestricted
right to send cards, letters, packages,
audio, video and e-mail
communications to each other. Neither
parent should interfere with this right.
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9. Long Distance Parenting: When there is
a significant geographical distance
separating the two parents, parenting
plans should provide for the following:
a. Weekly telephone contact.
b. Longer periods of parenting time
during school holidays.
c. Extended summer residency for
school age children.
d. The parent having residency where
the child goes to school shall send
school records, school calendars,
school photographs, activities
schedules, report cards,
standardized test results, etc. on a
frequent basis to the other parent.
THE PARENTING PLAN
Required by Kansas law, a parenting
plan is a legal document filed with the court
defining the legal custody, residency and
parenting time to be exercised by parents
both during and after a divorce. It's purpose
is to assist families in considering the effects
of the divorce on all family members and
does not include issues relating to property
division or financial issues.
A parenting plan requires each parent to
be actively involved in preparation of this
document. The best interests of the
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child(ren) are the top priority in
preparing the parenting plan.
Once a plan is developed and filed with
the court, a judge will review the plan to
insure it is in the best interests of the
child(ren) and may approve, modify or
request the parents develop a new plan.
A parenting plan form is available in the
office of the Clerk of the District Court.
HOW TO DEVELOP
A PARENTING PLAN
A parenting plan may be developed by
agreement of the parents, with the assistance
of their lawyers, or with the assistance of a
mediator.
Your parenting plan should include:
• A plan for both parents to continue
to be involved with the child(ren)’s
activities including school, sports
and other activities;
• An agreement about which parent
will have residency of the
child(ren) and a plan for parenting
time with the other parent;
• A plan for how major decisions
will be made regarding the
child(ren)’s education, health care
and religious upbringing;
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• An agreement on a schedule for
holidays, special occasions,
vacations and unique situations;
• A plan to reduce harmful parental
conflict, including a way to modify
the agreement when necessary to
adjust to the changing needs of the
child(ren) and parents; and
• An agreement to use mediation or
other nonjudicial procedures to
resolve any future disputes which
may develop.
MEDIATION OR OTHER
NONJUDICIAL PROCEDURES
Mediation is a process by which a
neutral mediator assists the parties in
reaching a mutually acceptable agreement as
to child custody, residency or parenting time
issues. When disagreements occur regarding
arrangements for the child(ren), both parents
are expected to make every effort to discuss
options to resolve disputes and solve
problems.
Unless waived by a judge, child
custody, residency or parenting time issues
that cannot be agreed to by the parties must
be submitted to mediation before a neutral
mediator prior to being scheduled for a final
evidentiary hearing. The judge will enter an
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Order for Mediation directing the parents to
meet with an approved mediator. If the
parties are unable to agree on a mediator, the
court will make a designation. During
mediation, parents will meet at a specific
time and place to work with a mediator. The
mediator will act as a neutral third party to
help the parents address parenting issues and
work toward an agreed parenting plan. The
meetings are confidential and the final
agreement is submitted to each parent’s
attorney and to the court for review and
approval.
Unless otherwise ordered, costs of
mediation shall be shared equally.
Domestic Abuse. If you have been abused,
have a restraining order, a Protection
From Abuse Order or there has been an
arrest or conviction of the other parent, you
should let your attorney and the mediator
know. If you do not have an attorney and
want help, you may call your local domestic
violence shelter for information. A judge
may waive mediation if there is evidence
that it could be dangerous.
Tips for making mediation work even if
there is a history of abuse, power or control:
• Tell the mediator you would like to be
in a separate room or have a separate session
when the other party is not there.
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• Be prepared; know what your rights are
and what you want.
• Come with ideas which will make a
plan work. (For example: if you feel your
child(ren) should not go with the other
parent alone, come with ideas of friends or
relatives who could help with visitation, or
ideas of places where visitation would be
safe.)
• Ask for a break if you are feeling
frightened or stressed.
• Ask to leave the mediation first, so you
can leave safely.
• Ask if you can bring someone with you.
(attorney, counselor, friend)
Benefits of Mediation. Generally, in court,
the goal is to convince the judge that your
position is right; one person wins and the
other loses. In mediation, the goal is not to
determine who is right and who is wrong,
but rather to explore solutions in which both
can gain. The parties, not the mediator,
make the decision. If they cannot agree, they
may go back to court. Benefits of mediation
include:
• The parties decide the outcome.
• Can be quicker and cost less than court.
• Can preserve and improve relationships.
• Can be more creative than court.
• Can include other parties.
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• Helps define the issues.
Confidentiality. The mediation process
allows the parties to speak openly about the
issues in a confidential manner. Kansas law
provides (with some limitations) that
mediations are confidential and privileged.
Neither party can subpoena the mediator and
nothing specific to the mediation can be
admissible in any later administrative or
judicial proceedings.
Exceptions are made for threatening and
fraudulent behavior, suspected abuse
and commission of a crime.
PROHIBITION AGAINST
JUDICIAL CONTACT
The judge cannot discuss the case with
either party unless all parties are notified
and have an opportunity to be present in
court. You should discuss any questions
with the attorney or attorneys handling the
case. Do not attempt to contact the judge
directly.
SELF HELP
If a party fails to comply with a
provision of a decree, temporary order,
injunction, parenting plan or other order of
the court, the obligation of the other party to
make payments for support or maintenance
or to permit visitation or to otherwise
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comply with the court’s orders is not
suspended. He or she may move the court, in
writing, to enforce its orders.
If the parties mutually agree to change
or modify the provisions of any agreement
or order that has been filed with the court,
they are obligated to cause a written Journal
Entry that specifies the modifications to the
court for review and approval. In the event
that the parties do not obtain a court order
effectuating the change, the court is not
bound by the allegations of one party that
there was a prior agreement between the
parties to change the provisions of any
previously file agreement or order.
IMPORTANCE OF THESE
SUGGESTIONS
Failure to follow these suggestions will
not only cause additional difficulty for the
child(ren), but may result in violation of
court orders constituting contempt of court.
These court proceedings will cause
additional expense of attorney’s fees and
court costs, all of which can be better used
for the benefit of your child(ren).
For Additional Information
For information on area counselors and
mental health professionals contact Spring
River Judicial Support & Mediation
Services, 208 S. Broadway, Pittsburg,
Kansas 66762, (620) 232-9100, your
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attorney or the mediator named in your
parenting plan.
