In many families across Kansas and the United States, grandparents provide a safe haven for their grandchildren, offering them a home and helping them feel loved. According to statistics from GrandFacts, about 20,144 grandparents are responsible for their grandkids in Kansas. Many grandparents enjoy raising their grandkids as it gives them another opportunity to act as a parent. However, in the event of a divorce, abandonment, or one parent's death, the grandparents may be uncertain about their child custody or visitation rights.
At Rundberg Law, LLC, I'm committed to providing knowledgeable and comprehensive guidance to clients in grandparents' rights-related matters. As an experienced Kansas family law attorney, I will evaluate your unique situation and explore your available legal options. Whether you're a grandparent seeking custody of grandchildren or want to establish a visitation schedule, I will fight compassionately to protect your rights and the well-being of your family.
Rundberg Law, LLC, is proud to serve clients throughout Overland Park, as well as Johnson County, Kansas, and the state of Missouri.
Under Kansas law, grandparents have a legal right to petition for court-ordered visitation of their grandchildren after a marriage dissolution, the death of a parent, or a legal proceeding that involves child custody. Grandparents may petition for custody of their grandkids, but Kansas court will only grant custody if the grandparent can show that continued staying with the parent is detrimental to the best interest of the child.
In Missouri, grandparents have a legal right to request court-ordered visitation of their grandchild if one parent filed for marriage dissolution, one parent is deceased, or the child lived with the grandparent for at least six months within the last two years, as long as it is not intrusive on the family. Also, grandparent custody is only awarded if it is in the best interest of the child.
You can request visitation by filing a petition in the district court of the county where your grandchild lives. To determine whether granting visitation is in the child's best interests, the Kansas courts will consider the following factors:
The existing relationship between you and your grandkid
The frequency at which you visit the child
The type of activities both of you participated in together
The mode of maintaining regular contact with the child
The Missouri courts will consider the following factors to determine whether granting visitation is in the child’s best interests:
The child's age
The effect of the visitation on the physical or mental health of the child
The physical and mental health of all parties involved
The criminal history of all parties involved
The extent of the existing relationship between the grandparent and the grandchild
You can request visitation by filing a petition in the court making visitation orders regarding your grandchild and notify every other party involved.
Under Kansas law, parents have the primary control regarding the care and upbringing of their children. Custody may only be granted to the grandparent if the court finds the parent unfit and that staying with the parent is detrimental to the child's welfare. Grandparents in Kansas can ask a court for custody by:
Requesting for guardianship
Adopting their child
Petitioning for a child-in-need-of-care proceeding under the Revised Kansas Code for the Care of Children (CINC Code)
In Missouri, the court automatically presumes that custody with the biological parents is in a child's best interests. However, custody may still be granted if:
The court finds both natural parents unfit, unwilling, unsuitable, or unable to hold primary custody of their child, or
Some other extraordinary circumstances exist.
In order to request custody of their grandkid, the grandparent must pursue an adoption.
If you need proper guidance when establishing custody of your grandchild or visitation rights, contact Rundberg Law, LLC today to schedule a simple consultation. I can offer you the experienced legal counsel, assistance, and brilliant advocacy you need to navigate these important decisions. My firm proudly serves clients across Overland Park, Johnson County, Kansas, and the state of Missouri.