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Jurisdiction To Modify Parenting Time & Child Support

On Behalf of | Jun 22, 2022 | Family Law

JURISDICTION TO MODIFY PARENTING TIME—Ends When Child Reaches Age 18. Marriage of Lewis and Bush, Docket No. 124, 454, ___ Kan. App. 2d ____, ___P.3d.____ (June 10, 2022-Johnson-Judge Rokusek—Affirmed in part and dismissed in part). Pro se father appeals court’s ruling regarding his parenting time (which the court decreased) after the teenage child’s step-mother (his most recent wife) and the child experienced a physical altercation which resulted in his not seeing the child for about a year. The Court of Appeals holds “the district court’s jurisdiction over parenting time and custody ended when the child reached the age of majority,” which occurred while the appeal was pending. “Because the district court lost jurisdiction to enter any child custody and parenting time orders once the child reached the age of majority, any question concerning the propriety of its parenting time order became moot.” “Because the child has reached the age of majority, she now has the right to choose her own residence and how often she sees [her father].”

JURISDICTION TO MODIFY CHILD SUPPORT—May Extend Beyond Age of Majority. Marriage of Lewis and Bush, Docket No. 124, 454, ___ Kan. App. 2d ____, ___P.3d.____ (June 10, 2022-Johnson-Judge Rokusek—Affirmed in part and dismissed in part). There in no linkage of parenting time and child support. Just because a parent is paying child support does not mean that such parent is entitled to parenting time. K.S.A. 23-3001(b). Even though a child support obligation may extend beyond the age of majority and into the child’s 19th year of life because she was held back in school, there is no provision extending the district court’s jurisdiction over parenting time, even if a parent’s child support obligation is extended. K.S.A. 23-3001(b)(3).