Kansas Child Custody Legal Questions

Child support is based on several factors, including the parents' incomes, the cost of child care, cost of the child's health insurance, the parenting time schedule, and more. It is possible you would be entitled to receive child support from one or both of the fathers, but there's no way to know without doing a calculation using the statutory formula. I recommend you consult with an attorney to discuss this matter in greater detail.... Read More

Yes, you can request the Court reexamine child support (whether you need to show a material change of circumstances depends on whether the court took actual testimony or support was set by the parties). In general a court will reexamine support every 3 years or when the child reaches 7 or 13 years of age. The Court will also review support based on significant changes in income or jobs or when a party seeks to move away from their present residence and it would be harder upon the other parent for visits. You are probably not going to be able to claim additional or new alimony unless the court reserved jurisdiction on that issue. On the tax issue, a motion to enforce the parenting plan would be most effective if you can't resolve your issue through informal mediation.... Read More

You can't change the child's name without a court order and that is not likely unless the father consents to changing the name. You have the right to be the sole custodian of the child if there is a reason to believe that joint custody would be harmful. You have the right to request child support and he has the right to visitation if it would not be harmful to the child. If he doesn't visit the child for 2 years you have the right to seek to terminate his rights.... Read More

Complicated issue. You probably can't be charged with kidnapping but you can't leave the state with the child without giving your boyfriend the opportunity to file an objection in court. If you do, there is a strong possibility the court would order you to return to Kansas with the child until the case is resolved and the court could find it was a factor in deciding to give the kid to his dad although you will have visitation rights.... Read More

Best advice is to file a petition for temporary custody in Kansas. That way, he can be forced to return the child to Kansas because it will be the child's home state. If you go to Washington and he holds onto the kid for 6 months then that will be where the custody and visitation will be decided. As grandparents, you may have more rights to visitation in KS courts than Washington Courts. You generally have to file a separate petition to enforce these rights but since your daughter lives with you I don't think that is something you need to worry about right now. Like most things in life, it all comes down to money. Most attorneys are going to charge 3-5 thousand as this is a situation where the parents are unlikely to compromise based on what you said about the father locking the mother out of his house. Temporary Orders can be filed by one parent alone. Father will typically have to hire a KS attorney or come to hearing in person. Some judges will allow him to appear by phone.... Read More

As to visitation, yes, a father still has a right to have visits even if he refuses to pay and has the ability to do so. You may be able to request a change of venue to Washington because the child's home state is now Washington however, the courts in Wash. state will have to hold a hearing if the father contests the change which he is likely to do. I would suggest that you start by filing a motion to modify the custody order to address the costs of visitation in Kansas or seek to change the venue and then file to split the costs of visitation in Wash.... Read More