Extended families have become increasingly important in the day to day activities of kids. Grandparents often spend significant time as caregivers to their grandchildren. Because grandparents may live with married couples or provide daycare services for couples where both spouses work, grandchildren frequently are deeply bonded with their grandparents.
The loss of a grandparent during a divorce can be emotionally difficult for both the minor children and their grandparents. The issue of continuing access of grandparents to their grandchildren typically arises in the context of divorcing parents or when the parent on the side of the family seeking visitation dies. When divorce threatens this close relationship, grandparents often contact Kansas grandparents’ rights attorney Tom McDowell about issues concerning grandparent visitation under Kansas law.
Kansas law provides two types of legal proceedings through which grandparents can seek visitation. The most common option involves the grandparents filing a petition for visitation in the county of the grandchildren’s residence. The other option involves the grandparents intervening as an interested party in the divorce proceeding of the parents.
The statute that governs grandparent visitation in Kansas is K.S.A. § 23-3301 which permits a Kansas judge to award visitation to a grandparent when the court determines: (1) visitation with the grandparent is in the best interest of the child; and (2) a substantial grandparent-grandchild relationship has been established.
When providing proof to satisfy the “substantial relationship” requirement, it is important to present compelling evidence that the grandparents have had a close loving relationship with their grandchildren. This evidence can be persuasive when grandparents have previously lived in the home with the parent and grandchildren or otherwise had frequent contact as daily caregivers. While the relationship need not be this extensive, the grandparents will be able to provide a more persuasive argument for visitation if they have been extensively involved in the lives of their grandchildren.
If the custodial parent has consistently denied access to your grandchildren, this will not necessarily negate a claim of a substantial relationship. The fact that a substantial relationship existed as some point in the past may be sufficient to satisfy this requirement, but it is important to provide as much evidence as possible of your efforts to maintain a positive relationship with your grandchildren.
When considering the best interest of the child standard in this context, Kansas judges will show substantial deference to the opinions of a fit parent. The court will presume that an otherwise fit parent is acting in his or her child’s best interest so it can be extremely difficult to overcome the objections of the custodial parent. Grandparents must be able to provide substantial evidence to overcome the presumption that the parent is not acting in the children’s best interest in denying visitation.
Because these cases are extremely challenging for grandparents, sometimes our Kansas grandparent visitation attorneys can successfully negotiate an acceptable arrangement. This approach may increase the odds of obtaining formal visitation while preventing conflict that will be difficult for your grandchildren. Since the court may view and acrimonious relationship between the custodial parent and grandparents as a factor in finding visitation is not in the best interest of the children, you will be more likely to obtain visitation if you are able to fashion a constructive relationship with the other parent.
If you have questions about grandparent visitation in Kansas, we urge you to schedule a free consultation so that we can answer your questions. Wichita, KS child custody attorney Thomas C. McDowell has been practicing law for over two decades. We provide legal representation in both divorce and paternity cases. So please call us today at 316-269-0746 or submit an online case evaluation form.
