Judge Paul Burmaster serves in the Family Law division of the 10th Judicial District, Johnson County, Kansas District Court.  The 10th Judicial District of Kansas currently has 22 district judges and four magistrate judges.  Judge Burmaster is the second most senior judge in the seven-judge Family Law department.  In his current role, Judge Burmaster handles a variety of cases including divorces, parentage disputes, and protection order cases.  He also mediates many criminal cases. His workload includes approximately 2,000 assigned cases and 400 scheduled hearings. Before taking the bench, Burmaster built a distinguished career in private practice handling a diverse range of cases including criminal, civil, and juvenile matters. His trial experience is extensive, ranging from DUI cases to first degree murder, with a notable 40+ career jury trials and countless bench trials. Prior to private practice, Judge Burmaster served as an assistant district attorney in the 29th Judicial District, Wyandotte County, Kansas, from 1992 to 1994. In this capacity, he managed a caseload of adult criminal felony charges and represented the state in mental health commitment hearings. As an assistant city prosecutor in Wichita, Kansas, and later as an assistant city prosecutor in Kansas City, Missouri, he handled thousands of cases, demonstrating a commitment to justice and public safety. His legislative contributions are also noteworthy, as he authored the first draft of HB2289 in 2015, a crucial piece of legislation allowing drivers to challenge the legality of stops at license hearing appeals. Judge Burmaster’s academic background includes a Juris Doctorate from the University of Kansas School of Law in 1990 and a Bachelor of Science from the University of Kansas School of Journalism in 1987. Beyond his legal work, Judge Burmaster is an active member of various legal associations, including the Johnson County Family Law Inn of Court, the Johnson County Bar Association, the Johnson County Bar Foundation, and the Kansas City Metropolitan Bar Association. His commitment to the community is further reflected in his charitable work, including his past membership on the Community Leadership Development Council for the Kansas Children’s Service League.       

In this interview Judge Paul W. Burmaster answers common questions about Family Law in Kansas.  Paul W. Burmaster is a Judge in the 10th Judicial District Court, Johnson County, Kansas. 

 

Custody and Parenting Time

 

Question:  What is the difference between Custody and Parenting Time?

Judge Burmaster:  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.

Question:  What is Full Custody or how do I get Full Custody?

Judge Burmaster:  Full Custody is not a term used by the courts in Kansas.  There are two types of custody, Joint and Sole.  Joint Custody is when the parties work together to decide issues of Health, Safety, and Welfare.  Sole Custody is when one party makes the ultimate decisions regarding Health, Safety, and Welfare.  (However, that party still has an obligation to consult with the other parent if possible).

Question:  What do you mean by Health, Safety, and Welfare?

Judge Burmaster: These are major decisions that may affect the child’s life.  For instance, where the child will go to school or church, and who the child’s doctor will be.

Question:  How is Parenting Time different from Visitation?

Judge Burmaster:  Visitation is a term that is currently not favored by Kansas courts.  It indicates that a child is merely there for a visit and that perhaps time with that parent is less important.  Parenting Time is the term currently used to describe a parent’s defined time with their child.

Question:  What is the most common parenting time arrangement?

Judge Burmaster:  There are several different common parenting time arrangements.  If the parties reach an agreement, their agreed plan for parenting time is favored under the law, but it is not guaranteed.  Common plans include The 2-2-5, (one parent has Mondays and Tuesday, the other has Wednesdays and Thursdays, and the children alternate Friday through Sunday at each house.  Each parent gets 2 days per week and 5 days when their time and their weekend adjoin), The 2-2-3 (similar to the 2-2-5, except parties alternate the Monday Tuesday and Wednesday Thursday periods so that there is never a 5 day stretch), Alternating  Weekends (this may apply for example when one parent moves several hours away and they can’t get the child to school during the week), Alternating Weekends and one night per week (this may be the plan when one parent travels a lot for work), and Alternating Weeks (this plan is not favored with younger children and isn’t used very often).

Question:  How does the Court determine which plan to use?

Judge Burmaster:  It is always preferred if the parents reach an agreement,  If they don’t, the Court will try to determine what is in the best interests of the children, not what is best for the parents.  The Court is required to consider a list of elements found in the statute (K.S.A. 23-3203) when the parties can’t agree.  This same list is used to determine custody, whether it’s joint or sole.  However, the list is not exclusive.  The Court may also order a custody evaluation, an interview of the child, or appoint a Guardian Ad Litem or a CASA worker to investigate and represent the child’s interests in court. Usually, the Court will encourage the parties to attend mediation first to see if they can reach an agreement.  Agreement of the parties is preferred.

Question:  Why does the Court want the parenting plan in writing?

Judge Burmaster:  Details can be important in parenting plans.  Parenting plans generally contain the weekly schedule, but also contain the summer schedule and the holiday schedule.  A good plan will also name which parent will carry insurance for the children, how uninsured medical expenses are divided, who will be responsible for school and activity costs, and how to provide notice should one party decide to move.  Written plans should give both parties confidence that they both know the details of their rights and responsibilities.  This confidence can often prevent future conflicts.  Parties can find parenting plans on the court website JOHNSON COUNTY DISTRICT COURT (jocogov.org) or on the Kansas Judicial Council website Legal Forms | Kansas Judicial Council

 

 

** Judge Paul W. Burmaster is a judge in the Family Department of the Johnson County Kansas District Court.  Judge Burmaster is pleased and proud to serve the children and families of Johnson County, Kansas.  Judge Burmaster is the second most senior member of the Family Law division and has extensive litigation experience.  Judge Burmaster likes to remind all litigants that 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.

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