Custody

Usually, one or both of the parents will have residency of the child. However, if the judge decides that neither parent is fit to have residency, the judge can order that temporary residency be given to a grandparent, aunt, uncle, adult sibling, or another person or agency if:

1. any of the following are true:
   • the child is likely to be harmed if not immediately removed from the home;
   • allowing the child to remain in the home is contrary to the welfare of the child; or
   • immediate placement of the child is in the best interest of the child; and
2. either:
   1. reasonable efforts have been made to maintain the family unit and prevent the unnecessary removal of the child from the child’s home; or
   2. an emergency exists which threatens the safety of the child.²

In making a residency order to a non-parent, the judge should give preference first to a relative of the child by blood, marriage or adoption; second preference is to another person who the child has close emotional ties with. This type of temporary residency does not terminate (end) your parental rights.¹

¹ Kan. Stat. § 23-3207(c)