Family visitation and custody issues can be complicated within the family dynamic. Nowadays there is less and less of a “normal” family makeup and oftentimes more parties are involved. Children sometimes live with stepparents, or grandparents, or a combination of the two, and situations can become intricate or complex because of it. Many times when divorce or the death of a parent is involved, the children may live with their grandparents for an indefinite or limited amount of time. A grandparent may also feel their grandchild’s time is best spent with them if their parents are struggling with addiction or have been incarcerated or are on extended military deployment. Despite the circumstance, a grandparent has rights to their grandchildren and a qualified Kansas attorney may help you establish guardianship or adopt your grandchild.
“My Grandchild is With Me All the Time, But I Want Legal Custody”
As a grandparent, your grandchild may be living with you for a number of reasons. It may be your choice, the child’s choice, or the choice of the child’s parents. Either way, you may feel that the child should live with you on a permanent basis and you should be afforded legal rights. The level and breadth of those legal rights often depends on the need and details of the situation. For example, if both parents have died, you may wish to legally adopt your grandchild and retain full legal and parental rights of the child. However, if the child’s parents are currently incarcerated or struggling with addiction, guardianship may be the better-suited, and less permanent option.
Ideally, the best scenario for the child and all parties involved, will arise from the voluntary consent and agreement on behalf of the child’s parents. Whether a grandparent wishes to adopt their grandchild or become their guardian, a parent’s consent is the driving force. However, if the parents do not wish to provide consent, the court may still proceed with an adoption or guardianship case based on the best interest of the child. Kansas Statute 38-129 states that the District Court may grant the grandparents of an unmarried minor child reasonable visitation rights to the child during the child’s minority upon a finding that the visitation rights would be in the child’s best interests and when a substantial relationship between the child and the grandparent has been established. Considering the intricacies of the court system and the weight of the legal issue at hand, it is highly recommended that you seek the guidance of an experienced Kansas adoption or guardianship attorney. You need confidence in your options and knowing that you are handling this matter properly, and Attorney Tom McDowell will provide just that.
Contact a Kansas Guardianship and Adoption Attorney Who Can Help You Today
If your grandson or granddaughter deserves your care, however you are having trouble acquiring the necessary consent from the child’s parents, don’t worry, our firm can help. Attorney McDowell has dealt with many similar scenarios and has created favorable outcomes for all parties involved. Our focus is on the best interest of the child and we will keep that goal front and center throughout the entire process. Our law firm is knowledgeable in the areas of adoption and guardianship, and we are here to help. Call a Kansas Guardianship Lawyer at McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help you proceed with your matter.