Oftentimes, an established guardianship is no longer necessary, or the appointed guardian no longer wishes to maintain their role and responsibility, and termination is desired. In Kansas, the court will hear a request to terminate guardianship, assess the grounds for which the petition is being filed and make a decision accordingly. There is a process and various requirements that must be fulfilled, however the court understands that circumstances change and its goal is to support what is in the best interest of the child.
Situations of termination may arise if a guardian no longer wishes to remain the guardian of a child or they are no longer qualified or capable and it is not in the best interest of the child to remain under their care and authority. Conversely, a parent or family member of the child may also file for termination if they feel the adult guardian is neglecting, abusing or mistreating the child in any way as well. The clerk should be told of such emergency circumstances so a hearing can be set in a very expedited manner to prevent further harm.
Because the termination process can be intricate and complicated, you may wish to speak to a Kansas Guardianship Attorney to ensure the filing and termination process go as smooth and successfully as possible.
How to Initiate Guardianship Termination in Kansas
If you feel you are no longer willing or able to fulfill your duties as an appointed guardian, or if it is felt that the child would be better off in the care of another adult, you can initiate the guardianship termination process with the court. This process begins in the county where guardianship was initially established, and is put into motion by filing a petition. Other required documents such as a Report and an Order may have to be filed in addition to the petition.
The court clerk will issue a hearing date and time where the request will be heard in front of the judge. At the hearing the judge will analyze various factors, the circumstances, testimony from relevant parties, any proffering of replacement guardians and make his or her decision accordingly. Simply because you file a petition does not ensure the judge will grant your request. It is ultimately at their discretion whether or not to terminate guardianship based on the needs and best interest of the child, and the suitability of the current guardian.
A Kansas Guardianship Attorney Can Help You Terminate Guardianship
If guardianship is no longer necessary, feasible or beneficial, contact Kansas Guardianship Attorney Tom McDowell today. With over 40 years of experience in the areas of guardianship, he has helped many people successfully terminate their guardianship roles. Terminating guardianship can be a complex process without the help of an attorney, and we are here to assist through each step of the process. Contact McDowell Chartered Legal Services today at (316) 269-0746 to see how we can successfully assist you in terminating your guardianship.
