The rights of grandparents in child-in-need-of-care cases were recently strengthened through passage of a new grandparent’s rights bill. The bill gives grandparents automatic standing in child-in-need-of-care (CINC) cases, wherein the state has alleged the child was without adequate parental care or is being physically, mentally, emotionally, or sexually abused.
Previously, courts were not required to consider grandparents as potential custodians when a child was removed from the parent’s home. Without automatic standing as interested parties, grandparents did not receive notice of proceedings involving their grandchildren. This resulted in many children being placed in foster care when they may otherwise have had the opportunity for family placement.
Under KSA 38-2286, courts evaluating what custody, placement, and visitation arrangements are in the best interests of the child must give substantial consideration to the grandparents when they request custody. Specifically, the court must consider the following factors:
- The wishes of the parents, child, and grandparents
- The extent to which the grandparent has cared for the child
- The intent and circumstances under which the child is to be placed with the grandparent
- The physical and mental health of all involved
The court must place this evaluation on the record. If the court elects not to give custody to the grandparent and places the child in the custody of the Secretary of the Department for Children and Families, the grandparent must still be given substantial consideration for placement. The decision not to place the child with the grandparent must be made in writing with specific reasons supporting the finding.
This grandparent’s rights bill was passed, in large part, due to the efforts of Dorothy Zook of the Silver Haired Legislature. Zook’s organization introduced the bill three years prior to its passage, after member Wendall Turner showed up at a meeting with the goal of changing the law that kept his grandsons from his custody. Turner’s grandchildren had been removed from their father’s custody. The boys were placed in a temporary foster home without Turner’s knowledge. At a first case plan meeting, Turner was told he had no rights to the boys.
Turner later won an elected position in the Silver Haired Legislature, which has over 125 Kansas representatives over the age of 65 that advocate for legislation concerning the elderly. Turner’s cause was quickly taken up by the organization and championed to adoption. One of Turner’s grandsons attended the bill’s signing ceremony, held in Topeka, and expressed approval of the action.
Grandparent’s rights advocates laud the current measure as a step towards protecting the best interests of children. It is universally accepted that children are best raised in the stable and familiar environment of their family. When parents fail to provide adequately for their children, or hit a road block and are struggling to regain parental fitness, grandparents often have the best interests of their grandchildren at heart. The wishes of the parents, however, are not to be ignored. Parents with concerns over their child’s placement in the home of a grandparent can express such worries and the court must give them weight.
The Wichita, Kansas firm of McDowell Chartered has provided zealous representation to hundreds of grandparents throughout the state who seek custody, visitation, or placement of their grandchildren. Since 1992, Thomas McDowell has helped families throughout the greater Wichita Metro Area attain the best possible outcome in family matters involving children. At McDowell Chartered, our compassionate, dedicated Kansas Family Law Attorneys will guide you through the sometimes complex grandparent’s rights process. Call us today at (316) 269-0746 for an initial consultation.
