As a grandparent you may find yourself involved in a complicated situation regarding your children and the custody of your grandchildren. Legal matters in Kansas involving divorce, custody or paternity often include grandparents as well, either involuntarily or voluntarily. Kansas law affords grandparents the right to petition for “grandparent time” of their grandchildren in certain legal proceedings, however the process is not always streamlined and simple. Establishing guardianship of your grandchild(ren) can be a feasible and beneficial alternative to obtaining custody or adopting your grandchild, and is often more agreeable and can alleviate disagreements. If you wish to further understand your options and which form of care would best suit you and your family, a Kansas Guardianship Attorney such as Tom McDowell is qualified and eager to help you create the best solution possible.
Petition, Guardian Ad Litem and Hearing Guardianship Process
The process of establishing guardianship in Kansas as a grandparent is subjective based on the relationship, consent and communication of the parties. The stronger the agreement is between the parties the smoother the legal process can and will be. For example, if the initial petition filed by the grandparents is contested by the child’s parents a hearing may be required and an agreement may be more difficult to reach. The court may also consider the consent of the minor if he or she is of a sound age and mind. A guardian ad litem is also appointed in order to ensure the child’s best interest is protected. Their role is to report an unbiased and unmotivated recommendation to the court regarding their guardianship recommendation. Given the circumstances, the court may order a hearing to be held, and if so, relevant parties must be served with notice of the hearing and publication may be required. Notice provides the opportunity for interested parties to object to the proposed petition and to attend the hearing to provide opposing testimony or contest the guardianship request.
Requirements After Grandparent is Appointed as Guardian
At the hearing the judge has the ultimate power and discretion to either grant or deny the petition and appoint a guardian. Because Kansas law imposes a monitoring system to serve the child’s best interest, if you are appointed as guardian, it is likely you will have additional responsibilities after the establishment. Kansas law requires that a guardian uphold the best interest of the minor child and fulfill their responsibilities to the best of their capabilities. The court may also order the guardian to file a signed oath with the court declaring their acknowledgement and acceptance of the role. A guardian may also be required to file a plan outlining their oversight and management of the child’s life and affairs in terms of travel, education, medical treatment, etc.
Call Qualified Kansas Guardianship Attorney Tom McDowell Today to Discuss Grandparent Rights
If your grandchild needs your care and you are unsure of the best way to approach providing that care, McDowell Chartered Legal Services can help. With over 40 years of experience, Kansas Guardianship Attorney Tom McDowell has helped many grandparents give their grandchildren the care they need. Call our office today at (316) 633-4322 to begin establishing your legal rights as a grandparent.