There is a special bond between grandparents and grandchildren, and when threatened, an entire family unit can suffer. Unfortunately, when separation or divorce becomes imminent, grandparents also may suffer the consequences of a newly divided family. In many cases, grandparents may not be aware of their legal right to retain visitation, or may be fearful of challenging the wishes of one or both parents.
Fortunately, Kansas law has special provisions allowing grandparents to seek visitation rights of grandchildren involved in custody disputes. The court will carefully examine all aspects of the petition for visitation, including the wishes of each parent and the best interests of the child. Because many families are unaware of the legal guidelines surrounding grandparents’ rights, it is important for family law attorneys to provide insight and guidance that is pertinent, competent, and easy to understand. Read on to learn more about the basics of grandparents’ rights, as well as helpful information that any Kansas family should know.
Q: Under what circumstances do grandparent visitation requests generally arise?
A: Grandparent visitation requests can arise under several circumstances. For example, grandparents may seek visitation rights if one of the child’s parents has restricted visitation. Unfortunately, under Kansas law, if the child’s parents have lost custody rights, grandparents also lose the ability to petition for visitation rights.
Q: What can I do to start the process of obtaining visitation rights as a grandparent?
A: The first step in obtaining visitation rights is filing the petition for visitation with the court. You must file the petition in the child’s county of residence, or that of his or her parent or guardian. Grandparents who already have visitation rights, but need the court order enforced must file a motion for enforcement at the appropriate courthouse, and schedule a hearing. Generally, hearings are scheduled within 21 days of filing a motion.
Q: What do I need to bring to court?
A: There are several things that grandparents can do to increase the likelihood of obtaining visitation rights. First, the grandparent must prove that there is a “substantial relationship” between him or her and the child. This includes past and present relationship status. Second, the grandparent must show the court that visitation with the child is in the child’s best interests. This includes the health, welfare, and safety of the child. It must be determined that a continuing relationship between grandparents and the child will benefit the child and not cause stress on the child. Third, grandparents must be willing to prove that any negative allegations made by a parent are false. It is the burden of the grandparent to prove that the parent is not acting in the child’s best interests.
Q: Will I be able to afford the petition process?
A: Depending on the outcome of the case, a judge can order either the grandparents or the parents of the child to pay for legal and attorneys fees. Because every case is different, there is no real manner in which to determine the exact costs until an attorney has been secured and the case has been initiated.
Do Not Let your Difficult Situation Divide your Family
The conflict that often accompanies a difficult matter like visitation rights for grandparents can be straining on all family members involved. At McDowell Chartered, we understand the strain and difficulty that you are going through, and are here to help. We help clients throughout the state navigate even the most complex family law matters, and we will fight to keep your family stable and connected. Contact the qualified Kansas Family Lawyer at McDowell Chartered today to schedule an initial consultation at our Wichita, Kansas office. Contact us by calling (316) 633-4322.