The state of Kansas, along with many other states, allows qualified adults to petition and establish guardianship of a minor child in order to protect their best interests. The state aims to ensure a child’s well-being is served, however also guards the parental rights of the child’s parents. The balance however, is entirely focused on the child’s best interest and the court will rule and make its decision accordingly. The process of establishing guardianship can be complicated and intricate if you are unfamiliar, and it is recommended that you speak to an experienced guardianship lawyer who is well-versed and knowledgeable of the specific laws in Kansas. Properly educating yourself is the first step to guardianship success and the following are important FAQs you should know in Kansas.
How can I establish guardianship of a child in Kansas?
Establishing legal guardianship of a child must be accomplished through the District Court in your county. To initiate the process, an interested party, stating their request to be appointed as guardian and the reasoning behind the establishment, files a petition. A letter of consent from the child’s biological parents is also usually required. If the parents are unavailable or unwilling, yet the child is in need of care, the court may grant the guardianship if good cause is shown and other factors are met. After a petition has been filed, the court will require various interviews and possibly a home study in order to evaluate the household, including its members, to ensure a safe and stable living environment for the child. The court will also schedule a hearing, wherein testimony may be heard and relevant facts will be analyzed. The judge will rule granting or denying the guardianship petition based on how the standard of the child’s best interest is met.
Can I appoint a guardian for my own child(ren)?
Oftentimes, guardianship is considered in a reactive manner rather than a proactive manner. Proactive planning and solidifying a plan in terms of care for your child(ren) is wise and can be very beneficial. Should an unfortunate event arise where you are no longer able to care for your child(ren), you will be thankful to already have a guardianship plan in place. It is important to consider the following factors when choosing a guardian to care for your children:
- The guardian must be a legal adult, 18 years old or older per Kansas law
- The legal guardian should have a genuine interest in your children’s well-being
- The legal guardian must be physically and mentally able to fulfill the role’s responsibilities
- The guardian must be financially stable able enough to afford to raise your child(ren), either through his or her own income or through your estate’s assets
- The guardian should have similar morals to yours or be willing to fulfill your wishes and requests for your child’s upbringing
Contact Kansas Guardianship Lawyer Tom McDowell to Establish Guardianship
If you are considering establishing a guardianship, our law firm is here to help. Call Kansas Guardianship Lawyer Tom McDowell, of McDowell Chartered Legal Services, today at (316) 269-0746, to discuss the best options available to you and your child.
