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Grandparent Rights

Wichita Grandparent Rights Lawyer

Wichita Grandparent Rights Attorney

Many times grandparents have as strong of a bond with their grandchildren as they do with their own children, sometimes even stronger. When something happens to disrupt that relationship — divorce, death of one of the grandchild’s parents, removal of the grandchild from the home or any other reason — it can be emotionally challenging. However, in certain situations, a grandparent may be capable of obtaining rights to visitation.

At McDowell Chartered, we represent clients in these complex family law proceedings. Our attorneys assist clients with questions about what rights a grandparent has to seek visitation or custody and enable them to make informed decisions about how they would like to move forward. Contact us today to discuss your rights as a grandparent.

Grandparent Rights to Visitation

In order to obtain visitation rights, a grandparent must petition to the court for grandparent visitation and demonstrate to the court that there is a substantial relationship between the grandparent and grandchild, and that awarding grandparent visitation rights would be in the best interests of the grandchild. Although the court may give weight to the preference of the parent (if the parent has not been declared an unfit parent), ultimately, the court will base its decision on the particular facts of the case and what is in the best interests of the grandchild.

Grandparent Rights to Custody

When children have been removed from the home due to abuse or neglect, grandparents may feel compelled to step in and offer support. However, because cases involving a Child in Need of Care (CINC) are closed to anyone who is not a party to the case, it is essential to have an experienced attorney from the onset of the case.

We can petition to the court to have grandparents added as parties to the case. Our lawyers represent clients in petitioning for temporary custody of their grandchildren when foster care is necessary. This allows the grandparent to continue providing the support and familiarity the child needs while the child’s parents are given opportunity to get back on track, (by going through alcohol or drug treatment or other counseling). In situations where both biological parents are determined to be unfit and their parental rights are terminated, the grandparent may be able to obtain permanent custody or adopting the grandchild — however delaying the involvement of an attorney can jeopardize your rights.

Estate Planning for Grandparents

Grandparents may find themselves in a situation where they wish to leave inheritance to their grandchild, but are concerned about the inheritance surviving their own children. Whether your concerns involve your own child squandering the inheritance or refusing to provide the inheritance to your grandchild, there are estate planning options that allow you to achieve your goals. We can assist you with creating generation skipping trusts, trusts for college funds and other trusts that enable you to effectively transfer property or assets to your grandchild — even when your own child objects.

Most of the clients at McDowell Chartered come from Kansas cities including Wichita, Andover, El Dorado, Winfield, Arkansas City (Ark City), Wellington, Hutchinson, Newton, Eureka, and other communities in Greenwood County, Butler County, Cowley County, Sumner County, Sedgwick County, Reno County, and Harvey County. Please call us to discuss your situation in an initial consultation.

“Putting Children First”