Joseph Wilson Booth’s Answers

Joseph Wilson Booth

Lenexa Family Law Attorney.

Contributor Level 4
  1. Can the childrens mother get full legal custody without a hearing if I have already started divorce proceedings.

    Answered over 5 years ago.

    1. Joseph Wilson Booth
    2. Luana Martucci
    2 lawyer answers

    Sole custody awards are extraordinarily rare. The court has to find that it is not in the best interest of the child both of the parents have equal rights to make decisions pertaining to the child. It's important to draw a distinction between sole custody, and what may be termed "primary residential care". Custody, under Kansas law, is the decision-making authority and has nothing to do with where the child lives or who pays child support. People often ask for sole custody when what they really...

    1 lawyer agreed with this answer

  2. How much does it cost and what do I need to do to file for legal separation in the state of KS?

    Answered over 5 years ago.

    1. Joseph Wilson Booth
    1 lawyer answer

    Frankly I would start talking now about divorce. Separate maintenance is an action in Kansas but it is the same process as a divorce. You only need a "legal separation" if you want the court to enforce what you agreed to. There is no such thing as an illegal separation.