As the complexities of family dynamics continue to evolve, the issue of grandparents’ rights steadily remains a hot button issue. Kansas law allows grandparents to file as a party in custody, divorce or paternity cases, which provides them the ability to obtain time with their grandchild(ren). There are many requirements and stipulations grandparents must meet in order for this law to be applicable, and the process can often be daunting and involved. Given the amount of parties involved in the aforementioned types of matters, many opinions regarding who would and should provide care for the child can create disagreements, tensions and complications. In order to help alleviate and curtail as much family disruption as possible, it may be beneficial to speak to a Kansas guardianship attorney, or conduct extensive research so you are fully prepare.
Why Grandparents’ Guardianship Rights are Highly Contested
Grandparents are afforded the right to obtain “grandparent time” with their grandchildren, however the process is not simple, nor is it black and white. Cases involving custody, paternity or divorce are often highly contested between grandparent(s) and the biological parents of the child for a variety of reasons. The court analyzes all testimony and all relevant environmental, psychological and physical factors in order to decipher which party or parties are best suited to care for the child.
Matters of family law can become very emotional or heated, and unfortunately parties may be motivated rather than remaining unbiased in order to achieve what is in the best interest of the child. Despite how suitable a grandparent may be to obtain “grandparent time” of their grandchild, the child’s parents may strongly object. For this reason, Kansas law has written the requirement of appointing a Guardian Ad Litem into the law in order to objectively protect the best interest of the child.
Grandparents Who Are Primary Caregivers
Conversely, if you are already the primary caregiver of your grandchild, you may have a legal alternative option that may be much more simplistic. Establishing guardianship allows you to care for your grandchild and have authority to make decisions regarding education and medical treatment on their behalf, yet the child’s parents’ parental rights remain in tact. This option may curtail or minimize conflict between parties and still create a viable and agreeable solution for all parties involved. Conclusively, the child’s best interest is the ultimate focus of the legal guardianship process in Kansas, and the court will make its decision accordingly with that goal in mind.
A Kansas Guardianship Attorney Can Help You Solidify Your Rights as a Grandparent
Grandparents can be in a difficult spot when attempting to establish care or guardianship of their grandchild, however McDowell Chartered Legal Services can help. Kansas Guardianship Attorney Tom McDowell understands the complexities the process may bring and looks forward to advising you each step of the way. Call our firm today at (316) 269-0746 to get the answers you need or begin the guardianship process with the support you deserve.
