K.S.A. » Chapter 23
Kansas Statutes Annotated

K.S.A. § 23-3203 (2026)

Factors considered in determination of legal custody, residency and parenting time of a child

✓ current as of May 2026
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23-3203. Factors considered in determination of legal custody, residency and parenting time of a child. (a) In determining the issue of legal custody, residency and parenting time of a child, the court shall consider all relevant factors, including, but not limited to:

(1) Each parent's role and involvement with the minor child before and after separation;

(2) the desires of the child's parents as to custody or residency;

(3) the desires of a child of sufficient age and maturity as to the child's custody or residency;

(4) the age of the child;

(5) the emotional and physical needs of the child;

(6) the interaction and interrelationship of the child with parents, siblings and any other person who may significantly affect the child's best interests;

(7) the child's adjustment to the child's home, school and community;

(8) the willingness and ability of each parent to respect and appreciate the bond between the child and the other parent and to allow for a continuing relationship between the child and the other parent;

(9) evidence of domestic abuse, including, but not limited to:

(A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate partner or household member; or

(B) an act of domestic violence, stalking or sexual assault;

(10) the ability of the parties to communicate, cooperate and manage parental duties;

(11) the school activity schedule of the child;

(12) the work schedule of the parties;

(13) the location of the parties' residences and places of employment;

(14) the location of the child's school;

(15) whether a parent is subject to the registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law;

(16) whether a parent has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto;

(17) whether a parent is residing with an individual who is subject to registration requirements of the Kansas offender registration act, K.S.A. 22-4901 et seq., and amendments thereto, or any similar act in any other state, or under military or federal law; and

(18) whether a parent is residing with an individual who has been convicted of abuse of a child, K.S.A. 21-3609, prior to its repeal, or K.S.A. 21-5602, and amendments thereto.

(b) To aid in determining the issue of legal custody, residency and parenting time of a child, the court may order a parent to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and may order such parent to follow all recommendations made by such program.

History: L. 2011, ch. 26, § 20; L. 2014, ch. 116, § 9; L. 2016, ch. 102, § 7; L. 2017, ch. 58, § 2; July 1.

Notes of Decisions
Cited in 28 cases (15 in the last 5 years), 2014–2026 · leading case: Cheney v. Poore, 339 P.3d 1220 (Kan. 2014).
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Cheney v. Poore, 339 P.3d 1220 (Kan. 2014). · cites it 6× “Despite determining that the district court erred in applying K.S.A. 2013 Supp. 23-3207(b) to this case, the Court of Appeals concluded that the district court, as evidenced by its memorandum decision, applied the correct legal standards found in K.”
In re Marriage of Fellers, No. 121011 (Kan. Ct. App. May 15, 2020). · cites it 13× “23-3222 and, instead, only considered the relevant statutory factors in K.S.A. 2019 Supp. 23-3203(a). Even so, a district court's failure to explicitly refer to each factor identified in K.”
In re Marriage of Brownback, No. 121089 (Kan. Ct. App. May 8, 2020). · cites it 10× “? Kyra argues on appeal the district court abused its discretion with its shared residency order because the evidence presented at trial did not support the district court's weighing of the factors in K.S.A. 2019 Supp. 23-3203. Specifically, Kyra argues a district court should…”
Doe v. Thompson, 373 P.3d 750 (Kan. 2016). · cites it 2× “K.S.A. 2011 Supp. 23-3203(h), (j). Alaska's domestic relations code did not require consideration of registered offender status.”
Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). · cites it 8× “" K.S.A. 2018 Supp. 23-3203 provides a nonexhaustive list of factors district courts shall consider when determining custody, residency, and parenting time.”
In re Marriage of S.L.W. & S.M.W., No. 128075 (Kan. Ct. App. Feb. 21, 2025). · cites it 8× “Father also claims the district court erred by failing to consider all factors for assigning residential custody under K.S.A. 23-3203. Had the district court considered all the factors instead of solely S.”
In re Marriage of Dickson, No. 122595 (Kan. Ct. App. Jan. 8, 2021). · cites it 6× “Before reaching the ultimate issue of the propriety of the district court's decision on residential placement of the children, we will take up Steven's contentions that the district court erred in making the findings that underpin its decision.”
In re Marriage of Evans, 482 P.3d 636 (Kan. Ct. App. 2021). · cites it 4× “23-3203(a)(9), a district court must consider "evidence of domestic abuse, including, but not limited to: (A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate…”
In re Marriage of B.R.M. & N.O.M., No. 128813 (Kan. Ct. App. Feb. 13, 2026). · cites it 4× “The court made extensive findings on the child custody issue, using the factors outlined in K.S.A. 23-3203, and ultimately found 10 factors neutral, 4 factors irrelevant, and 2 factors that favored each parent.”
James v. Faust, 65 V.I. 349 (2016). “41 (3) (2016); Kan. Stat. Ann. § 23-3203 (a) (West 2016); Ky.”
In re Marriage of Catoire & Higgins, No. 120249 (Kan. Ct. App. Mar. 13, 2020). · cites it 3× “K.S.A. 2019 Supp. 23-3203(a)(1)- (18). One factor explicitly requires the district court to consider "evidence of domestic abuse.”
In re Marriage of Davis & Garcia-Bebek, 472 P.3d 105 (Kan. Ct. App. 2020). · cites it 3× “K.S.A. 2019 Supp. 23-3203(a) sets out a nonexclusive list of factors a district court can use to determine issues of parenting time.”
Show all 28 citing cases →
K.S.A. § 23-3203(a): 13 cases
In re Marriage of Fellers, No. 121011 (Kan. Ct. App. May 15, 2020). “23-3222 and, instead, only considered the relevant statutory factors in K.S.A. 2019 Supp. 23-3203(a). Even so, a district court's failure to explicitly refer to each factor identified in K.”
In re Marriage of Dickson, No. 122595 (Kan. Ct. App. Jan. 8, 2021). “Before reaching the ultimate issue of the propriety of the district court's decision on residential placement of the children, we will take up Steven's contentions that the district court erred in making the findings that underpin its decision.”
In re Marriage of Davis & Garcia-Bebek, 472 P.3d 105 (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 23-3203(a) sets out a nonexclusive list of factors a district court can use to determine issues of parenting time.”
Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). “" K.S.A. 2018 Supp. 23-3203 provides a nonexhaustive list of factors district courts shall consider when determining custody, residency, and parenting time.”
C.D. v. S.T., No. 126302 (Kan. Ct. App. Apr. 19, 2024).
K.S.A. § 23-3203(a)(1): 3 cases
In re Marriage of Catoire & Higgins, No. 120249 (Kan. Ct. App. Mar. 13, 2020). “K.S.A. 2019 Supp. 23-3203(a)(1)- (18). One factor explicitly requires the district court to consider "evidence of domestic abuse.”
In re Marriage of Evans, 482 P.3d 636 (Kan. Ct. App. 2021). “23-3203(a)(9), a district court must consider "evidence of domestic abuse, including, but not limited to: (A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate…”
Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). “" K.S.A. 2018 Supp. 23-3203 provides a nonexhaustive list of factors district courts shall consider when determining custody, residency, and parenting time.”
K.S.A. § 23-3203(a)(10): 3 cases
In re Marriage of Brownback, No. 121089 (Kan. Ct. App. May 8, 2020). “? Kyra argues on appeal the district court abused its discretion with its shared residency order because the evidence presented at trial did not support the district court's weighing of the factors in K.S.A. 2019 Supp. 23-3203. Specifically, Kyra argues a district court should…”
B.R.M. v. M.B.W., No. 124451 (Kan. Ct. App. Apr. 15, 2022).
Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). “" K.S.A. 2018 Supp. 23-3203 provides a nonexhaustive list of factors district courts shall consider when determining custody, residency, and parenting time.”
K.S.A. § 23-3203(a)(13): 1 case
In re Marriage of Davis & Garcia-Bebek, 472 P.3d 105 (Kan. Ct. App. 2020). “K.S.A. 2019 Supp. 23-3203(a) sets out a nonexclusive list of factors a district court can use to determine issues of parenting time.”
K.S.A. § 23-3203(a)(3): 4 cases
In re Marriage of Catoire & Higgins, No. 120249 (Kan. Ct. App. Mar. 13, 2020). “K.S.A. 2019 Supp. 23-3203(a)(1)- (18). One factor explicitly requires the district court to consider "evidence of domestic abuse.”
In re Marriage of Weyhrich, No. 122183 (Kan. Ct. App. June 5, 2020).
In re Marriage of Biernacki, No. 122594 (Kan. Ct. App. June 11, 2021).
B.R.M. v. M.B.W., No. 124451 (Kan. Ct. App. Apr. 15, 2022).
K.S.A. § 23-3203(a)(5): 2 cases
In re Marriage of Brownback, No. 121089 (Kan. Ct. App. May 8, 2020). “? Kyra argues on appeal the district court abused its discretion with its shared residency order because the evidence presented at trial did not support the district court's weighing of the factors in K.S.A. 2019 Supp. 23-3203. Specifically, Kyra argues a district court should…”
Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). “" K.S.A. 2018 Supp. 23-3203 provides a nonexhaustive list of factors district courts shall consider when determining custody, residency, and parenting time.”
K.S.A. § 23-3203(a)(6): 3 cases
In re Marriage of Fellers, No. 121011 (Kan. Ct. App. May 15, 2020). “23-3222 and, instead, only considered the relevant statutory factors in K.S.A. 2019 Supp. 23-3203(a). Even so, a district court's failure to explicitly refer to each factor identified in K.”
In re Marriage of Evans, 482 P.3d 636 (Kan. Ct. App. 2021). “23-3203(a)(9), a district court must consider "evidence of domestic abuse, including, but not limited to: (A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate…”
In re Marriage of Brownback, No. 121089 (Kan. Ct. App. May 8, 2020). “? Kyra argues on appeal the district court abused its discretion with its shared residency order because the evidence presented at trial did not support the district court's weighing of the factors in K.S.A. 2019 Supp. 23-3203. Specifically, Kyra argues a district court should…”
K.S.A. § 23-3203(a)(7): 2 cases
In re Marriage of Stockman, No. 121818 (Kan. Ct. App. Apr. 10, 2020).
In re Marriage of Fellers, No. 121011 (Kan. Ct. App. May 15, 2020). “23-3222 and, instead, only considered the relevant statutory factors in K.S.A. 2019 Supp. 23-3203(a). Even so, a district court's failure to explicitly refer to each factor identified in K.”
K.S.A. § 23-3203(a)(8): 2 cases
In re Marriage of Brownback, No. 121089 (Kan. Ct. App. May 8, 2020). “? Kyra argues on appeal the district court abused its discretion with its shared residency order because the evidence presented at trial did not support the district court's weighing of the factors in K.S.A. 2019 Supp. 23-3203. Specifically, Kyra argues a district court should…”
Barua v. Hamidjaja, 444 P.3d 1016 (Kan. Ct. App. 2019). “" K.S.A. 2018 Supp. 23-3203 provides a nonexhaustive list of factors district courts shall consider when determining custody, residency, and parenting time.”
K.S.A. § 23-3203(a)(9): 5 cases
In re Marriage of Catoire & Higgins, No. 120249 (Kan. Ct. App. Mar. 13, 2020). “K.S.A. 2019 Supp. 23-3203(a)(1)- (18). One factor explicitly requires the district court to consider "evidence of domestic abuse.”
In re Marriage of Brownback, No. 121089 (Kan. Ct. App. May 8, 2020). “? Kyra argues on appeal the district court abused its discretion with its shared residency order because the evidence presented at trial did not support the district court's weighing of the factors in K.S.A. 2019 Supp. 23-3203. Specifically, Kyra argues a district court should…”
In re Marriage of Fellers, No. 121011 (Kan. Ct. App. May 15, 2020). “23-3222 and, instead, only considered the relevant statutory factors in K.S.A. 2019 Supp. 23-3203(a). Even so, a district court's failure to explicitly refer to each factor identified in K.”
In re Marriage of Evans, 482 P.3d 636 (Kan. Ct. App. 2021). “23-3203(a)(9), a district court must consider "evidence of domestic abuse, including, but not limited to: (A) A pattern or history of physically or emotionally abusive behavior or threat thereof used by one person to gain or maintain domination and control over an intimate…”
In re Marriage of L.F. & M.F., 562 P.3d 1014 (Kan. Ct. App. 2025).
K.S.A. § 23-3203(h): 1 case
Doe v. Thompson, 373 P.3d 750 (Kan. 2016). “K.S.A. 2011 Supp. 23-3203(h), (j). Alaska's domestic relations code did not require consideration of registered offender status.”
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