Best Interests of the Child in Kansas: The 18 Factors Judges Evaluate

When Kansas parents can't agree on custody or residency, the judge decides for them using a framework called the best interests of the child standard. It isn't a single test — it's 18 statutory factors listed in K.S.A. 23-3203(a) that the court must weigh together. No single factor is automatically controlling, but some carry more practical weight than others.

Understanding these factors before you write your parenting plan puts you in a stronger position, whether you're negotiating with your co-parent or presenting your case to a judge.

The Factors That Carry the Most Weight

Kansas law doesn't rank the 18 factors, but experienced family law practitioners consistently identify several that judges return to most often.

Factor 1 — Each parent's role and involvement before and after separation. This is the track record factor. Judges look at who attended doctor's appointments, who communicated with teachers, who managed school pickups and bedtime routines. If you've been the parent scheduling dentist visits and signing permission slips, document that history.

Factor 8 — Willingness to respect and facilitate the child's bond with the other parent. Factor 8 is highly weighted because it addresses each parent's willingness to respect and facilitate the child's bond with the other parent. A parent who badmouths the other parent in front of the child, blocks phone calls during parenting time, or refuses to cooperate on scheduling decisions damages their own case significantly. Conversely, demonstrating that you actively support the child's relationship with the other parent strengthens yours.

Factor 10 — Ability to communicate, cooperate, and manage parenting duties. The court considers this factor when deciding whether joint legal custody or shared residency is workable. If every decision — from which pediatrician to use to which weekend belongs to whom — turns into a battle, the court will likely impose more structure: primary residency to one parent, detailed parenting-time schedules, and possibly a case manager to resolve disputes.

The Full List of 18 Factors

1. Each parent's role and involvement with the child before and after separation
2. The desires of each parent regarding custody or residency
3. The desires of the child, if the child is of sufficient age and maturity
4. The age of the child
5. The emotional and physical needs of the child
6. Interaction of the child with parents, siblings, and significant others
7. The child's adjustment to home, school, and community
8. Willingness of each parent to respect and facilitate the child's bond with the other parent
9. Evidence of domestic abuse — physical violence, emotional abuse, stalking, or patterns of control
10. Ability of the parties to communicate, cooperate, and manage parenting duties
11. The school activity schedule of the child
12. The work schedule of the parties
13. The location of the parties' residences and workplaces
14. The location of the child's school
15. Whether a parent is subject to the Kansas Offender Registration Act
16. Whether a parent has been convicted of child abuse
17. Whether a parent resides with someone subject to offender registration
18. Whether a parent resides with someone convicted of child abuse

Factors 15 through 18 are safety-related checks. Factor 15 creates a strong rebuttable presumption against custody when a parent is subject to the Kansas Offender Registration Act. Factors 16 through 18 raise serious protective concerns involving child-abuse convictions and household members; the court considers them with the other best-interest factors.

How Factor 3 Works — The Child's Preference

Kansas has no specific age at which a child gets to choose which parent to live with. Factor 3 says the court considers the child's wishes if the child is "of sufficient age and maturity." In practice, judges give a teenager's stated preference more weight than a seven-year-old's, but it's never the sole deciding factor.

Courts are also alert to coaching. A child who parrots one parent's legal arguments verbatim, or who expresses hostility toward a parent they previously had a good relationship with, may trigger further investigation — including a Guardian ad Litem appointment.

What You Can Do With This Information

You can't control what the judge decides, but you can control the evidence you present. Before filing your parenting plan or walking into mediation:

• Document your involvement in the child's daily life — school emails, medical appointment confirmations, activity sign-up receipts
• Keep communication with your co-parent in writing (email or a co-parenting app) so there's a record of your cooperation
• Avoid negative comments about the other parent in front of your child, in text messages, or on social media
• Propose a specific, workable schedule that accounts for the child's school, your work, and the distance between homes

Our Kansas Child Custody & Parenting Plan Guide walks you through each of the 18 factors with a self-assessment worksheet to help you build a child-focused parenting plan that addresses what judges actually look for.

See more Kansas guides →