If you are a grandparent who has witnessed a need and desire to care for your grandchild(ren) Kansas offers a variety of ways to ensure you are able to do so. Depending on the details of the circumstances a particular kind of care will be appropriate and applicable. A child’s relative or grandparent that wishes to care for them in a legal capacity will pursue kinship care options in the state of Kansas. This may occur if the child’s parent is unavailable, unable or unwilling to provide the level of care the child needs and deserves.
Kinship care cases are often handled relatively seamlessly if all parties are in agreement and the child’s biological parents consent. The court feels more obliged to offer care to a relative or grandparent considering he or she is already apart of the child’s life and they are family, in comparison to an unrelated adult or family friend. Often a child’s parents are not always in agreement with the grandparent assuming parental rights and duties and may contest the process. Contact an experienced guardianship and adoption attorney in Kansas who can help answer your questions and ensure your matter receives the attention and care it deserves.
Care Options Available for Grandparents in Kansas
If the child’s circumstances only require temporary and limited care, then a petition can be filed with the court for a less permanent form of guardianship or a power of attorney can be established. In addition, if immediate or emergency care is necessary the court may grant an expedited petition to allow the child to stay with the grandparent or relative immediately until a hearing can be scheduled and conducted. If parents wish to be proactive and establish care for their child in the event something happens to them and they are unable to care for their children, a standby guardian can be appointed. A standby guardian does not require a hearing but legally establishes and appoints a named person to step into the role of guardian in the event the parent or parents are no longer able.
Most forms of guardianship or adoption require the natural parents’ consent if they are alive and able. In the event the court finds that the child has been abandoned or the parents are no longer able or willing to care for the child, the court may not require consent and may proceed regardless. A person who is nominated or requests to become a guardian will be investigated to ensure the court deems he or she to be fit to take on the role of care.
Contact an Experienced Kansas Attorney Today to Answer Your Guardianship Questions
If you have begun or wish to start the guardianship process and have questions, our legal team is here to support you and provide answers. Kansas Family Law Attorney Tom McDowell has over 40 years of experience helping ensure that families are protected, and so are the best interests of their children and loved ones. Contact McDowell Chartered Legal Services today at (316) 269-0746 to see how we can help you and your family’s guardianship needs in Kansas.