By: Matt Smith, Market News, Judge Paul Burmaster
In a recent in-depth interview, the esteemed Judge Paul W. Burmaster, who served in the Family Law division of the 10th Judicial District, Johnson County, Kansas District Court, provided valuable insights into the world of Family Law in Kansas. As the second most senior judge in the seven-judge Family Law department, Judge Burmaster’s extensive experience and commitment to justice were evident as he addressed common questions, shedding light on crucial aspects of Family Law in the state.
Custody and Parenting Time: Unveiling the Details
During the interview, Judge Burmaster tackled questions regarding Custody and Parenting Time, unraveling the complexities for the benefit of the community. When asked about the difference between Custody and Parenting Time, Judge Burmaster clarified, “Custody means the responsibility to make decisions regarding a child’s Health, Safety, and Welfare. Parenting Time refers to the schedule that spells out when the child is with a parent.”
In response to the query about Full Custody, Judge Burmaster emphasized that the term is not used by the courts in Kansas. Instead, two types of custody, Joint and Sole, are recognized. Joint Custody involves collaborative decision-making on Health, Safety, and Welfare issues, while Sole Custody grants one party the authority to make ultimate decisions in these areas, with an obligation to consult with the other parent when possible.
Judge Burmaster also touched on the significance of Health, Safety, and Welfare decisions, defining them as major choices that may significantly impact a child’s life, such as choosing the child’s school, church, and doctor.
On the topic of Parenting Time versus Visitation, Judge Burmaster expressed that “Visitation” is not a favored term in Kansas courts, as it implies a temporary presence. Instead, the term “Parenting Time” is currently used to describe a parent’s defined time with their child.
Common Parenting Time Arrangements and Court Determinations: A Comprehensive Overview
Judge Burmaster shared insights into common parenting time arrangements, including the 2-2-5, the 2-2-3, Alternating Weekends, Alternating Weekends and one night per week, and Alternating Weeks. He emphasized that the preferred approach is when parents reach an agreement. However, if they don’t, the court aims to determine what is in the best interests of the children, considering elements found in the statute (K.S.A. 23-3203).
To assist in decision-making, the court may order a custody evaluation, interview the child, or appoint a Guardian Ad Litem or a CASA worker. Mediation is often encouraged to facilitate agreement between parties.
When questioned about the importance of a written parenting plan, Judge Burmaster underscored the significance of details in parenting plans. These plans, available on the court website and the Kansas Judicial Council website, outline not only the weekly schedule but also cover the summer and holiday schedules, insurance responsibilities, medical expenses, and other crucial aspects. A well-drafted plan instills confidence in both parties, preventing potential conflicts in the future.
Judge Paul W. Burmaster: A Stalwart Defender of Family Rights
Reflecting on his role in the Family Department of the Johnson County Kansas District Court, Judge Burmaster expressed pride in serving the children and families of Johnson County. As the second most senior member of the Family Law division, he handled a substantial workload of approximately 2000 assigned cases and 400 scheduled hearings, showcasing his dedication to addressing diverse family matters.
Judge Burmaster’s extensive litigation experience, legislative contributions, and active involvement in legal associations underscore his commitment beyond the courtroom. In closing, Judge Burmaster left the community with a crucial reminder: “Court is not a game, but like a game, it has rules. It can be crucial to you and your children’s future to know the rules. Please consider consulting with an experienced family law attorney.”
Judge Paul W. Burmaster’s expertise, compassion, and dedication to justice continue to shape the landscape of Family Law in Kansas, leaving an enduring impact on the families and children he has served throughout his distinguished career.
Published By: Aize Perez
