Kansas Child Custody Legal Questions

Hey Holly, we are not in Kansas however we do travel to Kansas on occasions when we receive a case. You should petition the court for full custody and or change your parenting plan. We can certainly try to help you evaluate your options and stay within your budget. Feel free to give us a call or text for a free consultation. Thank You. Toll-Free 1-877-866-8665 Ahsan Syed, Case Manager... Read Answer

I completely understand what you want to do. But you should not, even though you can put the child through adoption and terminate the biological parent's rights. This would be unfair and very harsh. The biological parent has been making child support payments and might not want the child to be placed for adoption by your current companion. His attorney will make that argument and win the case making you look bad and risking custody as well. If he agrees to the adoption to terminate parental rights and child support obligations than that is different. Keep in mind that the new father is only in his life for almost 3 years, compared to the biological father. The man gave birth to him and if he wishes to turn around his life that is different. Who is to say, after the adoption is done and god forbid you guys don't work out and decide to split up, he can take the child with him since he is the adopted parent. Or worse he decides to abandon you both? I will say, be flexible with the biological father as biological parents should maintain their rights. Anyhow, feel free to contact an attorney for more details. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Kansas. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Kansas.... Read Answer

Kansas law allows the party who files a Petition for Divorce the unique opportunity to see ex parte Temporary Orders. If the proposed Temporary Orders are reasonable and comply with Local Court Rules, the judge will likely grant Temporary Orders to control the actions and responsibilities of the parties while the divorce is pending. The signatures of both parties are not required to make the Temporary Orders binding.... Read Answer

In Kansas, a child cannot make legal decisions, so a child cannot decide with whom he or she is to live, or spend time. Nonetheless, as a child gets older, Kansas law allows the child's wishes to be considered in those decisions. A guardian ad litem may be appointed to represent the child's interests, or a child custody evaluation may be ordered. Consult an experienced family law attorney in your area.... Read Answer

This is a no fault state, so infidelity will not, in and of itself, have any bearing on the divorce. However, if she spent community funds in furtherance of the affair, you can be refunded a share of those funds. If she has numerous men at the house and such can be shown to have a harmful impact on the children, the parenting plan can put restrictions on her conduct while the children are with her. You have the same rights to the children as she does. If you have a history of actually taking care of the children on a regular basis, you can make the argument that it is in the children's best interest to be with you the majority of time. You do not say whether you've seen the children since the separation or what degree of care taking you provided prior to separation. Both will have an impact on the parenting plan. Don't wait to get a parenting plan in place. The longer you wait, and the children are living with her and seeing you on an irregular basis, the worse your position.... Read Answer

Having an affair means primarily couples are incompatible and need a divorce. However, when a spouse invites strangers over for affairs when there are young children in the house, that is relevant on the poor judgment of the parent. Is the spouse or children at risk of harm? Is she a good mother otherwise? Contact our office if you want to file for divorce and pursue this further.... Read Answer

Unless she is doing something in front of the kids or in the same house at the time they are then your wife's affairs have no relevance This is a No Fault state and as such her affairs mean little for the divorce although do effect Child Custody and Visitation if her actions are a danger in some way to the children.... Read Answer

Her questionable decisions regarding men may help you in your custody case, but not necessarily. An argument could be made that she is not exercising good judgment, especially if the children are being exposed to it. You should get an attorney to help you immediately, if you haven't already done so.... Read Answer

Based on the facts that you have provided the appropriate method for obtaining a Journal Entry/Order from the Court would be to file a Motion for Change of Residential Custodial Status. However, I would need additional information from you to provide a more complete response to your quiry. I would like to know where the divorce case is registered (what County Courthouse you obtained your divorce) and additional information concerning the parenting plan that was last ordered.   Dan Stuart www.stuartlaw.net... Read Answer