Many grandparents are unclear as to precisely what rights they have concerning their grandchild. Grandparents’ rights are complicated, highly contested, and differ greatly by state. While most grandparents will never need to be concerned about grandparents’ rights, a few will find themselves seeking legal counsel as to their rights because they are being kept from their grandchild, fear for the child’s safety, or have been caring for the grandchild in the parent’s absence or neglect.
The following is a look at grandparents’ rights in Kansas, exploring what precisely these rights are and who qualifies under them.
Grandparents’ Rights Basics
It is important that Kansas grandparents understand they do not have an automatic right to visitation or custody of their grandchildren. This right extends solely to the parents, absent a court order to the contrary. As such, if you are a grandparent who is being denied visitation with your grandchildren, you will have to petition the courts to seek visitation unless a compromise can be reached with the child’s parents.
Denial of visitation occurs most often when parents divorce and one parent receives residential custody of the child, while the other has visitation. In this instance, the parent of the child without residential custody may find their time with the child limited or eliminate entirely. Along with divorce, the death of one parent also often gives rise to grandparents’ rights cases.
In any scenario in which you as a grandparent are being denied visitation with your grandchild, it is best to first attempt to remedy the situation through informal negotiations so as to avoid the need for legal action. When this fails, however, grandparents can seek formal visitation from the court.
Obtaining Visitation Rights: Establishing the Existence of a Substantial Relationship
To begin the process of petitioning for grandparents’ visitation, you will need to consult with a family law attorney then prepare to file your petition in the county in which the child resides.
The court will consider two factors in determining whether you should receive visitation. The grandparent must first establish the existence of a substantial relationship between you and your grandchild. There are a couple different ways to establish this, including: frequent overnight visits, contact with the grandchild on the phone or internet, the grandchild living in your care, and any other attempts to be in the child’s life.
Next, you must establish the visitation is in the best interest of the grandchild. The court will look to the benefit to the child of being allowed visitation with you. The court will also consider the parent’s desires and reasons for objecting to your visitation with the child. Depending upon the child’s age, he or she will also be able to provide input into the situation and whether they desire to have visitation with you, the grandparent.
It is important to remember that you, as the grandparent, will have to contend with the court’s presumption that the parent is fit and will act in the child’s best interests. This can be overcome by evidence the grandparent is a benefit in the child’s life.
McDowell Chartered: Experienced and Innovative Kansas Family Law Attorneys
Navigating co-parenting and parental rights in non-traditional family settings can be complex. Often, these issues are novel to the Kansas courts. The Kansas Family Law Attorneys at McDowell Chartered are the knowledgeable, forward thinking, and innovative attorneys you need to tackle any complex family law matter. We at McDowell Chartered have decades of experience in the family law arena. We can assist in any family law matter. For attorneys with unmatched excellence, call McDowell Chartered today at (316) 269-0746 for an initial consultation.
