In Kansas, once a divorce has been filed, all property is considered marital property and none can be disposed of until the judge has issued an order. Even if your husband states he doesn't want any of the items, it is best not to do anything until you speak with an attorney, and definitely do NOT sell anything if your divorce has already been filed.
Regarding custody, full custody is a rare bird here. As individuals have a constitutionally protected right to be a parent, Kansas judges will typically grant joint custody, unless one parent has done something egregious. My suggestion is to build your case for being designated as the residential parent (daughter living with you) and plan on your husband having visitation. In all honesty, that is likely what a judge will order.
Divorces are very complicated and have many moving parts. I suggest you contact an attorney in the Wichita area before you make any moves.
I am a licensed attorney in Kansas and Virginia. This answer is provided for informational purposes only and is not meant to replace seeking advice from an attorney who has the opportunity to review all the facts, documents and pertinent information. Further, this answer does not form a lawyer/client relationship.
It is a good idea for someone in your situation to at least consult with a local attorney to review all your rights, options and obligations before you take any further action. You can find attorneys in your area by searching among the profiles here on AVVO. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: [email protected] All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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