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ANSWER: Actually, there is no such age in Kansas or anywhere else despite much popular misunderstanding to the contrary. Here is how this words. All custody and visitation decisions, regardless of the desires of anyone, are decided by the Court pursuant to the best interests of the child legal standard. In other words, no one, including the child no matter age, can decide. That being said, however, the preferences of the child may (but not must) be considered by the Court. Unlike some state jurisdictions, Kansas law does not specify any certain age at which this takes place.
Yes, the parties may agree on the type of custody that fits their circumstances and present their agreement to the judge for approval. Kansas law provides a presumption that a written agreement between the parties concerning custody or residency of their minor child is in the child's best interest. In many counties, mediation, a process later discussed hearing, is utilized by the court to facilitate custody agreements.