Grandparent’s Rights
In a divorce proceeding, if the court determines that there is probable cause to believe that a child is a “child in need of care” as defined by Kansas law, or that neither parent is fit to have residency, it may award temporary residency to a family member or any other person or agency if the court makes certain findings. Even if the court does not award residency under these provision, it may grant visitation rights to grandparents and step-parents.
Other options include adoption, legal guardianship, and a durable power of attorney. Adoption is only possible if all parental rights have been severed, or terminated. Adoption is permanent – if approved by the court, the role of a parent is forever yours. A legal guardianship is possible if the court finds that the parents are unfit to care for the child and a guardian is needed to care for the child. A durable power of attorney is executed voluntarily by a parent and assigns rights to another person, usually for a short period of time. Usually, this covers such concerns as medical care and education decisions.
Generally, the court has broad discretion in determining custody child orders and the law lists many factors to consider. Each case is reviewed on its own facts according to the child’s best interests.
I offer experienced and compassionate legal services to clients throughout the Greater Kansas City area (Kansas only), primarily in Johnson, Wyandotte, Leavenworth, and Miami Counties. Please feel free to contact my office for a free initial consultation. I will discuss your case with you and let you know how best to protect your legal rights.
