There are a variety of ways to establish guardianship in the state of Kansas, and there are a variety of circumstances that could benefit from the establishment of guardianship. Although there are breadths of possibilities that can create a family dynamic, all are ideally centered on providing the most safe and healthy environment for the child. In Kansas, establishing care and custody of a child through a family member is called Kinship Care. Oftentimes Kinship Care involves a grandparent, aunt, uncle, cousin or other close relative taking in and caring for a child.
Kinship Care can be affiliated with the system and therefore also involve other professionals in order to ensure the child is best cared for. Social workers, a guardian ad litem or attorneys may be assigned to monitor the child’s care and well-being. In these circumstances, the court will provide necessary and relevant orders that allow a grandparent or relative to take action on behalf of the child. Such actions include enrolling the child in school, acquiring health insurance, or important documents such as a birth certificate or social security card.
Permanent Care Options After Kinship Care
If you are a relative of a child who you have taken in and care for, who also wishes to establish permanent legal rights, you should first understand and consider your options. A grandparent or relative may petition the court to establish guardianship or legally adopt the child. The court will listen to testimony of relevant parties and assess the totality of the circumstances concerning the child’s current living condition in conjunction with their best interest and use their discretion to make a decision. If their best interest would be best served with a more permanent living situation such as the one they currently are in with a grandparent or relative, the court will grant the petition and deliver an order stating the relative’s established legal rights.
A qualified Kansas guardianship or adoption attorney can discuss your needs and the best interest of the child in order to develop a plan to establish the appropriate level of legal rights to best serve all parties involved. An attorney can also assist in filing all necessary petitions and other required documents in order to sufficiently facilitate the legal process. Notice may also be required and must be served on relevant parties who currently possess legal or parental rights over the child. This may include natural parents, current guardians, caregivers or other individuals privy to the child’s best interest.
How a Kansas Guardianship Attorney Can Help You Obtain Legal Rights
Whether you are a grandparent or a relative of a child you care for and wish to obtain legal rights, our law firm can help. Attorney Tom McDowell is a trusted Kansas Guardianship Attorney with decades of experience who can help you with your family’s needs. Call McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you establish guardianship or adoption of your kin.
