How to get supervised visitation in Kansas

In Kansas, parenting time is set, enforced or changed by a motion in your divorce or parentage case, using Kansas Judicial Council and Kansas Legal Services forms. The court decides based on the child's best interests, and can order supervision or a child exchange and visitation center.

Step by step

  1. Check for an existing case The Judicial Council says its parenting time forms are for an existing divorce or parentage case and should be filed in that case. Kansas Legal Services lists three processes: establishing, enforcing and modifying parenting time.
  2. Choose the right motion To set parenting time, the Kansas Legal Services packet includes a Motion to Establish Parenting Time, UCCJEA Affidavit, Proposed Parenting Plan, Notice of Hearing, and Request and Service Instruction form. To change an order, the Judicial Council lists a Motion to Modify Parenting Time with matching forms.
  3. Ask for supervision Kansas Legal Services says supervised parenting time is appropriate in limited situations, such as substance abuse, physical endangerment or mental instability. Under K.S.A. 23-3208, a parent is entitled to reasonable parenting time unless the court finds after a hearing that it would seriously endanger the child. The court may also order exchanges at a child exchange and visitation center.
  4. File and pay the fee File with the clerk of the district court. A filing fee applies, so ask the clerk for the amount. A Poverty Affidavit can be filed if you cannot pay.
  5. Serve the other parent Give the other parent a copy of the filed motion and the Notice of Hearing. The Kansas Legal Services instructions list regular mail, certified mail, and sheriff service. If you use certified mail, file the Return of Service afterward.
  6. Get a hearing date Ask the clerk for a hearing date and time and put it on the Notice of Hearing before filing it. The court considers the factors in K.S.A. 23-3203, which include evidence of abuse.
  7. After the order Choose a supervision provider or exchange center named in or allowed by the order, share the order, and schedule. Ask about intake steps, fees and sliding scale. Fees may be paid by one parent or split, depending on the order or agreement.

Forms

Good to know

Sources