Barnds Law LLC

What is the Divorce Process in Kansas?

No one looks forward to the end of their marriage, but when it is no longer working, the only way out could be a divorce. The process can be stressful, and you may need help figuring out where to start.

In Kansas, you or your spouse can file a no-fault divorce, stating that you’re no longer compatible or your marital differences are irreconcilable. You could also file a fault-based divorce petition if your spouse is mentally incapacitated or fails to perform their marital duties. How long it takes for the court to finalize the divorce depends on whether the marriage dissolution is contested or uncontested.

Working with skilled family lawyers in Overland Park can enhance the process while ensuring the most favorable outcome. After filing a divorce petition in Kansas, divorcing parties must wait 60 days before the divorce can be finalized. A divorce is considered final after a judge signs the decree of divorce, which is then filed with the Clerk of the District Court.

What Factors Affect the Time it Takes to Finalize a Divorce?

The time it takes for a judge to issue the final divorce order depends on the case’s circumstances. Divorce lawyers in Overland Park explain the following key issues that arise in divorce cases and which significantly impact the proceedings:

Whether the Divorce is Contested or Uncontested

If a divorce is uncontested, divorcing parties mutually agree on the divorce settlement terms. In that case, the divorce may be finalized once the 60-day waiting period is over.

You and your ex-spouse can present a signed written agreement to the court for the judge’s approval. Divorce lawyers in Overland Park can oversee the agreement to prevent mistakes. However, if the divorce is contested, a divorce decree won’t be issued until you reach an agreement. Alternatively, you may have to go to trial to have the court decide on the matters you can’t agree on, such as child custody, spousal support, and property division.

The Discovery Process

Once you file a divorce petition for a contested divorce, the court issues temporary orders to maintain the status quo until the final divorce decree is issued. With the orders in place, the discovery process begins, which entails:

• Requesting a production of documents by your ex-spouse. These include bank account statements, payroll, retirement account statements, loan accounts statements, business financial records, and other crucial records that prove what your spouse owns regarding assets and income. These are crucial in property division.
• Gathering and submitting the same kind of documents from your side and submitting them to your ex-spouse or their divorce lawyer
• Drafting a list of questions to which the other party should provide written sworn answers.
• Exchanging pertinent information to help your Overland Park divorce attorneys prepare the final draft settlement agreement. The document comprises the parenting schedule, residential custody plan, child and spouse support, and how to split the assets.

The discovery process can be tedious and complicated if one party is unwilling to cooperate, which can increase the time it takes to have the divorce settled. However, a successful discovery process reduces the chances of the case going to trial. You also have a higher chance of a favorable outcome if you work with experienced Overland Park divorce attorneys.

Residency Requirements

Kansas laws stipulate that only residents can file for divorce. You or your spouse must be a resident of Kansas for at least 60 days before filing the petition. The filing party must also live in the county where they file the petition, although courts may grant exceptions in specific cases.

If you don’t meet the residency requirements, your divorce attorneys in Kansas can provide legal guidance on other alternatives:

• Establish your residency by living in Kansas for 60 days before filing the petition.
• Request your spouse to submit a petition for divorce if they meet the residency requirements. The option would likely be viable in an uncontested divorce.
• Choose another state in which to file the petition. You and your spouse must fulfill the minimum requirements to file for divorce. Any of these options can take time to work with, ultimately affecting the time it takes to finalize the divorce.

Besides, navigating the nuances of each option can be challenging, so consider working with skilled divorce attorneys in Overland Park for legal guidance and support.

Issues that Could Complicate Your Case

Various personal issues could complicate your divorce, resulting in a lengthier and more stressful process. If the divorce is contested, disagreements on the following issues can take center stage, making the process more complicated and time-consuming:

• Retirement accounts
• Minor children
• Large marital assets and debts
• Alimony requests

Availability of Judges Affect on Your Case

The court’s or judge’s availability also affects the time it takes to finalize a divorce. The divorce hearings may be far apart depending on the court schedules, the judge’s calendar, and the court’s docket. All these factors can take a toll on you, especially if you want to finish the process quickly to rebuild your life. Experienced family attorneys in Overland Park may be able to expedite the process since they understand how the system works.

A Skilled Overland Park Divorce Attorney Guiding You Through the Process

The divorce process is sometimes a challenging affair, given the complexities that can surround the process, especially in contested divorces. Negotiating a favorable settlement agreement with an unwilling spouse can be stressful. However, skilled Overland Park divorce lawyers can help you explore the most viable options for a desirable outcome.

Barnds Law LLC hosts experienced and knowledgeable family lawyers who can help you handle your divorce case. Our team can assess your unique circumstances, evaluate the risks and options, and guide you through each step to establish a fair and equitable settlement as quickly as possible. Call us at 913-514-0909 to schedule a case strategy.

How Do Spouses Hide Assets During a Divorce?

During a divorce, both spouses must disclose all their financial assets to enable the court to make a fair property-division decision. However, some spouses may not disclose all their assets. Sometimes, that happens as a mere oversight, while in other cases, they withhold this information because they don’t want to share the property with their ex-spouses.

The situation is common in high net-worth divorces and cases where one spouse owns a business. If you suspect your soon-to-be ex-spouse is hiding some assets or income, consult skilled family lawyers in Overland Park. They can help you uncover how your spouse is trying to hide assets and also provide legal counsel on how to find them.

An example of how your spouse may try to hide assets is using the business to make it appear like they have less money than they do. For example, they can set up trusts or transfer money to someone else in the form of a “gift,” only to have it returned after the divorce is over. They may also avoid entering into lucrative business deals during the divorce.

What Types of Assets Do Divorcing Spouses Attempt to Hide?

Spouses can hide a wide range of marital assets, but divorce lawyers in Overland Park say that the most common ones include the following:

• Real estate owned by a business
• Cash and valuables
• Stock certificates in paper form
• Precious metals, which often lack a paper trail

In addition to assets, some spouses may have unreported or hidden income, especially those engaged in cash employment. Examples are lawn service providers, hairdressers, or waiters whose substantial portion of their pay comes through in cash.

How Can I Find My Spouse’s Hidden Income?

Your first step if you suspect your spouse is hiding assets is to hire skilled Overland Park divorce lawyers for legal counsel and representation. They can help you take the right legal steps to find the property while protecting your rights to equitable distribution. Here are some documents that may help you discover hidden financial accounts and property:

Income Tax Returns

Your spouse could withhold crucial financial information from you, but they could fear being untruthful to the IRS. An excellent place to find your spouse’s hidden income is by checking their income tax return.
Comparing copies of recent year’s tax returns could help you locate income you knew nothing about. Your divorce attorney in Overland Park can help track and analyze these records so you can make sense of them.

Bank Accounts

Your spouse could have withdrawn money from a bank account you are aware of to one you didn’t know existed. Get copies of bank statements, look for transactions you were not aware of, and try to track the fund’s destination. A red flag could be a money transfer to a new personal account or a friend’s account.
Your Overland Park divorce attorneys can send a written request issued by the court clerk to the bank where you suspect your spouse has a hidden account. With a proper subpoena, the court will be obligated to produce all copies associated with your spouse’s name. The court can hold the bank in contempt if it doesn’t cooperate.

Credit Card Statements

How your spouse uses their credit card could also give information about hidden money. The statements can reveal how your spouse spends money on a new person of interest or acquires assets you know nothing about. An overpayment of the account could signify that they paid for an asset that should be split with you.

Loan Applications

Loan application records can give you insights into your spouse’s hidden assets. Before lending institutions can approve a loan, they often ask for a completed application, account records, recent pay stubs, and a signed declaration of all assets and debts. Getting a copy of this loan application record can confirm your suspicions about your spouse’s hidden assets or income.

Business Records

It’s essential to pay attention to all business or investment records during divorce proceedings. Whether a business is a sole proprietorship, corporation, partnership, or limited liability company, it could reveal crucial details to help uncover details about assets you never knew existed.

Your Overland family lawyers can review actual profits and losses from each enterprise, payments received through business transactions and never reported on tax returns, and any investments made. These could be indicators of funds diverted away from joint or other known accounts to acquire assets without your knowledge.

Public Records

A scrutiny of public records may reveal real estate, vehicles, or other assets that your spouse purchased behind your back. Experienced divorce attorneys in Overland Park can guide you on the places to check for this information.

Consider Hiring a Forensic Accountant

A forensic accountant is a neutral investigator who can help you discover hidden assets. Your lawyers can hire the experts, or you can engage them independently to help you prove your spouse’s hidden assets. However, you must disclose to your spouse what you’re doing to avoid clashing with the law.

A forensic accountant’s job entails reviewing your spouse’s financial records to look for inconsistencies that may indicate fraud or unexplained expenses. For example, mortgage payments for someone else without explanation could mean your spouse is hiding assets from you.

An Experienced Family Lawyer Helping You Discover Hidden Assets During Divorce

Property division is one of the thorny issues during a divorce. Marital assets should be divided equitably. If you suspect your spouse is hiding some of them to avoid splitting them with you, consult skilled divorce lawyers in Overland Park. Avoid finding the hidden assets alone, as that could be considered fraudulent.

Having a legal backup can make all the difference in your case. The family lawyers at Barnds Law LLC can evaluate your case and help you uncover your spouse’s hidden assets. We work hard to protect our clients’ rights and won’t relent until you get the most favorable outcome in your divorce case. Call us at 913-514-0909 to schedule your strategy session.

Understanding What a Hardship License Is in Kansas and Why It’s Important to Check the Status

Having your license suspended can make it difficult to get through daily life. You can’t drive to work or school, run up to the grocery store, or go to the coffee shop with friends without needing to ask someone for a ride. It can be hard to give up your independence, but there may be a way to get your driving privileges back. A hardship license can help you get back to your normal activities, but it’s not always easy to obtain. Learning how a hardship license works, including the requirements and whether it’s possible to obtain one with certain charges, such as felony DUIs, can help you understand if this is an option for you.

What Is a Hardship License?

A hardship license is more commonly known as a limited restricted license. Drivers who have had their licenses suspended can apply for a limited restricted license to be able to legally drive a vehicle for specific reasons. These are usually limited to driving to and from work, going to school, or attending drug or alcohol treatment. To apply for this restricted license, you usually still have to serve at least a portion of your license suspension.

If you lost your license because of a DUI conviction, you will also be required to have an ignition interlock device on your car. Every time you go to drive your car, you will need to blow into the device like you would a Breathalyzer test. Only after the device registers an acceptable blood alcohol content level (less than 0.04) are you able to start the car.

How Do You Apply for a Hardship License?

To apply for a limited restricted license, you must first complete any mandatory license suspension period. If your license was suspended after a DUI where you failed a breath test, you must serve at least 45 days of your license suspension. If you refused the breath test completely, you must serve 90 days of your suspension.

Once you have completed this time, you can apply for a limited restricted license by filling out form DC-1015 with the local Department of Motor Vehicles. This form is the application to modify a driver’s license suspension. You must also have an ignition interlock device installed on your vehicle before you can get your driving privileges reinstated. You will need form DC-1015 and the paperwork from the ignition interlock installation to get your restricted license.

Can a Request for a Hardship License Be Denied?

It’s important to note that a hardship license is a convenience and not a right. You are not automatically awarded a restricted license after serving part of your suspension, and you are not guaranteed to be approved when you apply. In fact, there are several reasons that your applications may be denied.

If you have failed to appear in court for a traffic citation and this is listed on your record, you could be denied a restricted license. You can also be denied if you were ever convicted of not carrying car insurance. Drivers with a conviction for driving with a suspended license or reckless driving are also likely to be denied. If this is not your first DUI or license suspension and you have been deemed a habitual violator by the courts, your application may be denied.

Keep in mind that nondriving-related legal issues can also make it harder for you to get a restricted license. For example, drivers who are not up to date with their child support payments may be denied.

How Do You Check Your License Status?

Knowing the status of your license is the first step in finding out if you can apply for a restricted license. Only those with suspended licenses can apply for a restricted license, so knowing that your license is revoked or canceled instead of suspended can help you know what your options are and what paperwork to file.

The Kansas Department of Revenue has a website that lets you check your license status easily online. All you need is your driver’s license number, your first and last name, and your date of birth. Once you enter this information and click the “Check Status” button, you will be able to see what the current status of your license is.

How Do You Get a Driver’s License Back?

To get your driver’s license back after a suspension or revocation, you need to follow the procedures set forth by the state of Kansas. This will vary depending on why your license was taken away and whether you are eligible for reinstatement at any point. If your license was permanently revoked, there may be nothing you can do to get your driving privileges reinstated. In other situations, you may just need to wait out your suspension period, or you may need to go through the process of getting your license again as if you were a new driver.

If you’re not sure whether you may be able to get a restricted license or what to do once your suspension period is over, an attorney can help. At Barnds Law LLC, we know how difficult it is to try to navigate modern society without being able to independently operate a car. We’re here to help you understand whether a restricted license may be an option in your case and how to start the process. Call our office at 913-514-0909 to find out more.

What Rights Do Grandparents Have in Kansas?

When people think of divorce, they usually think about how the parents will handle custody and who the children will live with. However, Kansas courts are increasingly recognizing how important it is for grandparents to be a part of their grandchild’s life. While grandparents don’t automatically have visitation rights, the court can grant the right to be involved in many cases.

To learn more about your rights as a grandparent and for help seeking visitation rights or custody of your grandchildren, please contact our skilled team of family law lawyers today. At Barnds Law LLC, we have represented many individuals in gaining the right to visit a child or grandchild. We understand what it takes to get favorable results, and we will fight aggressively for you when it comes to being a part of your grandchild’s life.

Visitation Rights

Under Kansas state law, grandparents can seek visitation rights and be granted the right to visit their grandchildren. This means parents could not stop the grandparent from setting up visits or communicating with the unmarried, minor child.

This is possible after pursuing legal action and if the visitation rights are in the child’s best interests. The grandparent must also prove that they have a “substantial relationship” with the child.

Custody Rights

In some cases, a grandparent may be assigned child custody, such as when it is determined that the parent cannot give adequate care. If you need help seeking custody of your grandchild, please get in touch with our law firm right away. We can help gather evidence that you would be the best guardian to provide a safe home for your grandchildren.

Non-biological and Step-grandparent Rights

Non-biological and step-grandparents who are legal parents of the child’s mother or father may also seek visitation rights under the same restrictions listed above: the relationship must be substantial, and maintaining contact must be in the child’s best interests. However, these rights do not extend to other third-party relationships or great-grandparents.

Are There Any Exemptions to Grandparents’ Rights?

There are some risks to seeking visitation rights as a grandparent in Kansas. The grandparents may be required to cover the financial cost of the grandchild’s parents’ legal fees, and they may be denied visitation rights if the parents’ rights have been severed, if the child has been adopted, or in cases of abuse or neglect.

Severed Rights of Parents

If the parents have lost the right to visit the child, it can be difficult for grandparents to achieve visitation rights. A judge will review the case to determine whether it is in the child’s best interest to allow communication between them and the grandparents.

Please seek legal counsel from a trusted attorney like those at Barnds Law LLC to increase your chances of success in seeking grandparents’ visitation rights.

Adoption by Third Party

When a child is adopted by a third party, the grandparents may be denied visitation rights. Speak with a knowledgeable family law lawyer to learn more about your rights in your unique case, especially if your grandchild has been adopted.

Cases of Abuse or Neglect

If the grandparent has been found guilty of abuse or neglect, they may be denied visitation rights. Judges in Kansas try to find solutions that are in the child’s best interest, and if the child is in danger of abuse or neglect, the judge may not award visitation rights to the grandparents.

What Can I Do to Improve My Chances of a Successful Case?

Grandparents seeking visitation rights can help their case by gathering evidence of a strong relationship with the child and hiring skilled family law attorneys.

Provide Evidence of a Close Relationship

One of the most important parts of seeking visitation rights as a grandparent is to provide proof that you have a substantial relationship with your grandchild and that staying in their lives is in the child’s best interests. Even if your current relationship with your grandchild is distant, you can show evidence of a previous substantial relationship.

Some examples of evidence of a close grandparent-grandchild relationship include:

• Proof of communication, such as phone calls, texts, and emailing
• Describing how often you have visited your grandchild
• Giving examples of providing childcare for the child, including overnight visits
• Providing examples of activities you participated in with your grandchildren

Hire a Skilled Attorney

Having excellent legal help when seeking grandparents’ visitation and custody rights in Kansas is extremely important.

A lawyer can assess your unique situation and help you understand your options. Your attorney will also help you gather the necessary evidence and argue your case confidently before the judge to give you the best chance of success.

Should You Hire Our Family Law Lawyers?

At Barnds Law LLC, we know how difficult it is for families embroiled in a difficult divorce. This is especially true for children whose parents are splitting up. It can be highly beneficial for children to maintain healthy relationships with their grandparents at this challenging time. However, grandparents sometimes need to pursue legal action to secure the right to visit and communicate with their grandchildren.

When facing legal issues, such as seeking visitation rights in Kansas, you can trust our knowledge, skills, and experience. Our legal team will listen closely to your story and provide compassionate, dedicated legal services for your family law issues. Don’t go through this troubling time alone. Contact us today to schedule your initial consultation at 913-514-0909.

What is the Difference Between Legal Custody and Residency in Kansas?

During a divorce, one of the most contentious subjects is usually the custody and care of the children. Generally, both spouses believe they know what is best for their child.

However, problems arise when the parents have different opinions about how a child should be raised and where they should live, also known as residency in Kansas.

Most Kansas courts encourage divorcing couples to use mediation to come to an agreement without taking the matter before a judge. This minimizes the cost and time required to come to a conclusion. However, decisions reached through mediation are not legally binding, so if the individuals cannot reach a decision or if one person does not fulfill their obligations after mediation, the matter may need to come before a judge.

When considering child custody issues, it is essential to distinguish between legal custody, or decision-making rights and responsibilities, and residency, or the physical custody of the child.

Legal Custody

Legal custody refers to the right to make crucial decisions on behalf of the child following a divorce. This may include questions such as:

• How will healthcare problems be resolved
• How the child will be educated
• Other important items related to the child’s welfare

In Kansas, a couple may agree to share joint legal custody, or a judge may order that parental responsibilities be divided. In other scenarios, the judge may award sole legal custody to one parent. However, these cases are rarer.

Residency

Residency is also known as physical custody and refers to the location where the child will live. Like legal custody, this responsibility could be assigned to one parent or divided between the two divorcing parents. The time spent with each parent isn’t necessarily equal, and parenting agreements should always be in the child’s best interests.

What Are My Options Regarding Custody in Kansas?

Divorcing couples in Kansas are encouraged to find solutions for child custody matters through mediation, if possible. Avoiding the court can save a great deal of time and money and often results in lasting satisfaction rather than bitterness commonly seen in divorces involving the court system.

Many couples decide to share custody so both parents can be involved in the child’s life, also known as joint legal custody. Other times, assigning sole custody to one parent is in the child’s interest. To learn more about the options available in your unique circumstances, please reach out to our talented team of child custody lawyers today.

Joint Legal Custody

In Kansas, joint legal custody is preferred because many judges understand that involving both parents in a child’s life is beneficial.

However, this doesn’t necessarily mean the time and responsibility will be evenly split between both parents. Couples going through a divorce should evaluate whether spending a greater amount of time with one parent would benefit the child because of proximity to their current school and activities.

Sole Custody

Sole custody is not used often in Kansas divorces. However, there are some circumstances, such as in cases of abuse and neglect, where the child’s safety would be in danger if they lived with one of their parents. In some rare cases, this could result in the judge assigning sole custody to one parent. In sole custody, one parent has decision-making responsibility for the child. They could also have sole responsibility for the residency or physical custody of the children.

What Can I Do to Get Better Chances of a Favorable Outcome in My Custody Decision?

Many parents wonder if there’s anything they can do to get a more favorable outcome when the court makes child custody decisions. There are certain actions you can take to improve your chances of continuing to be involved in your child’s life. One of the most important things you can do is to contact a knowledgeable child custody attorney before going before the court. Even if a judge has already issued a child custody order, you may still be able to get it adjusted with the help of your attorney.

Hire an Experienced Team of Custody Lawyers

Your lawyer will have the experience necessary to gather evidence supporting you during your search for child custody.

They can confidently present this information to a judge, getting you better chances of a favorable outcome in your case. Your attorney can also offer legal counsel specific to your unique situation.

Adjusting Existing Child Custody Orders

If you don’t agree with the court-issued child custody order, or if your situation has changed and you believe the order should be reevaluated, there is still hope. According to the Kansas Legislator Briefing Book, “courts may modify custody, residency, visitation, and parenting time orders… when a material change of circumstances is shown.” Call our law firm today for excellent legal counsel and help to get the child custody agreement you deserve.

Should You Hire Our Family Law Lawyers?

Divorce is one of the most complicated, stressful things a family can experience. This is even more true for the children whose parents are splitting up. At this emotional time, you may be struggling to come to an agreement with your ex about how the children should be raised. However, you don’t need to go through this alone.

At Barnds Law LLC, we have helped countless families find solutions that match each client’s unique needs. We understand how to present matters before a judge, ensuring they have all the facts necessary to make this critical decision. Please let us help you find solutions through mediation, in court, or by adjusting current court orders. Call 913-514-0909 today for a consultation with our skilled legal team.

What Are Kansas Child Custody Laws?

When parents get divorced, they must agree on how to care for their children by creating a custody and parenting schedule. If they can’t agree, the court makes the final decision and issues a child custody, support, and visitation order. Working with skilled family lawyers in Overland Park can protect your parental rights, ensuring the arrangement works for your family.

What Are the Types of Custody Arrangements in Kansas?

Judges split custody into various categories and award a specific type depending on the case circumstances:

• Sole custody: Both parents have equal access to school and medical records. The parent residing with the child doesn’t have to consult with the other parent about significant decisions concerning the children. However, they can’t move out of the state with the children without notifying the other parent.
• Joint legal custody: Both parties have an equal right to decide on major issues affecting the children, such as where they go to school or church or get medical care. The arrangement has nothing to do with who lives with the child or how much time they spend with them.
• Split custody: One parent lives with one child, and the other parent with the other child. Each parent has visitation rights to the child in custody with the other parent. The arrangement only occurs in rare cases.
• Non-parental custody: The arrangement can be granted temporarily if the court determines both parents to be unfit or if the child requires special care and protection. Grandparent placement is an example of non-parental custody.

Joint custody allows you and the other parent to equally be actively involved in your children’s lives. It is often the most favorable arrangement for the child’s well-being as they spend almost equal time with each parent. Experienced child custody attorneys in Overland Park can help you fight to protect your rights based on the child’s best interests.

Does Kansas Favor Mothers Over Fathers When Awarding Custody?

There is no such thing as a mother state. Judges, not juries, in Kansas determine child custody after evaluating several factors that affect the child’s overall well-being. The best interest of the child standard is the guiding factor in custody cases and influences a judge’s decision about visitation.

Factors Judges Consider in Child Custody Cases

Courts often have a broad list of guiding factors that, when combined, help them make a decision that protects and preserves the best interests of the child in question. They include, but are not limited to:

• The child’s age
• The role and involvement of each parent with the child before and after separatio
• The desire of each parent for custody or residency
• The capability of each parent to communicate with the other and maintain the required level of cooperation in co-parenting
• Each parent’s history and evidence of domestic violence
• How well the child can adjust in the new environment and still maintain good school performance
• The child’s bond with each parent, siblings, and other members of the household
• The physical and emotional needs of the child
• Each parent’s workplace and home location
• Each parent’s work schedule and their ability to spend time with the child and cater to their needs
• Each parent’s financial ability
• The willingness of each parent to promote and respect the bond between the child and the other parent and allow them to have a continuing relationship

The factors are not exhaustive. Let your Overland Park child custody attorneys know if you have relevant information or concerns the judge should consider. They can evaluate the information and present it to the judge if it affects the child’s best interests.

A judge may choose a guardian ad litem or case manager to assess the child’s needs and each parent’s capability to meet those needs. The process can include interviews with the child and parents and evaluating other evidence to determine each parent’s fitness in deciding what is best for the child.

Can Mothers Lose Custody of Their Children?

Kansas courts don’t always presume that it’s in a child’s best interest to award custody to the mother. Instead, the law requires judges to consider all relevant evidence in deciding custody arrangements. Several situations exist that could make mothers lose their parental rights if the court deems them unfit:

• Emotional, physical, or sexual abuse against the child
• Alcohol and substance abuse that renders the parent unable to take care of the child
• Emotional or mental illness or deficiency that makes the parent unable to care for the daily mental, physical, and emotional needs of the child
• Conviction of a felony or imprisonment
• Unexplained death or injury of another child of the mother while under her care at the time of death or injury
• Lack of effort on the part of the parent to adjust to the circumstances or conditions to meet the child’s needs
• Failure to maintain regular visitation or contact with the child’s other parent
• Violation of court-issued orders concerning the care, maintenance, and integration of the child into a parental home

If you know why custody should not be awarded to your child’s mother, notify your child custody lawyers in Overland Park. They can investigate the issue to substantiate your claims and help you fight for custody to protect your child’s needs and rights.

An Experienced Family Lawyer Helping You Fight for Your Parental Rights in a Custody Case

Kansas laws provide that courts can create a plan for divorcing parents if they can’t agree on how to share child custody. There is no preference for one parent over the other in custody cases, as the child’s best interests precede other factors. Fathers have equal chances at custody as mothers.

Skilled family lawyers at Barnds Law, LLC, can provide legal counsel and representation to fight for a favorable outcome in your child custody case. We know the evidence courts look at when making the final decision and can evaluate your case for factors that can give you an edge. Call us at (913) 514-0909 to schedule a strategy session.

What is an Unfit Parent in Child Custody Cases?

If you are getting a divorce, you may have custody concerns, especially if you believe your ex-spouse is unfit to care for the children. You want your children to have the best experience with both parents, but you also want to protect them if you believe their mental and physical well-being is endangered while with the other parent.

Generally, courts won’t interfere with a parent’s custody rights unless there is a severe problem, such as being an unfit parent. An unfit parent is one who behaves in such a manner that they fail to provide proper care, guidance, and support to the children. Family lawyers in Overland Park say a parent will also be deemed unfit if they have substance abuse issues or abuse the children.

What Factors Do Judges Use to Determine a Parent’s Unfitness?

Judges always consider the best interests of the child when awarding custody. The ideal situation is for a child to spend time with both parents despite the divorce. So, they won’t deny a parent their custody rights on claims of being unfit unless there is sufficient evidence.

Child custody lawyers in Overland Park explain some of the factors that judges use to determine if a parent is unfit to be granted custody:

History of Childcare Involvement

Judges will evaluate a parent’s track record of looking after the children’s welfare. A factor that could indicate poor childcare involvement is relying excessively on the other parent to care for the children. Both parents should be actively involved in caring for their children while sharing crucial information concerning them.

Each parent should also be able to care for the children independently without help. If they constantly ask for help from the other parent or family members, it could be a sign that they’re unfit for custody.

Understanding and Responding to the Children’s Needs

A child needs to feel the love and care of both parents. A parent must be sensitive to their children’s needs and communicate with them appropriately. Disconnection with a parent could mean the child doesn’t receive the care or attention they need. A parent’s non-responsiveness could make them miss out on forming a strong relationship with the child.

Child Abuse and Neglect

A parent with a history of abusing or neglecting their children is unfit for custody. If Child Welfare Services have been involved in a household a lot, it could be a sign that the parent in question is unfit and custody needs to change.

Child Protection Services and skilled child custody attorneys in Overland Park often come in handy in determining whether abuse and neglect should be substantiated.

Domestic Abuse

A parent who is physically or emotionally abusive to the other parent could be considered unfit. No child should have to witness one parent being mean to the other. Neither is it right for parents to be abusive to each other.

Setting Age-Appropriate Limits

Parents have authority over their children and should set age-appropriate limits to protect children from harmful exposure. While parents won’t always agree on age-appropriate limitations, a parent who allows extreme situations may be deemed unfit.

For example, does your ex-spouse allow a 5-year to watch R-rated content regularly? Do they set reasonable curfews for your teenage child? Minor issues such as the appropriate bedtime may not have much impact in this case and may not warrant your ex-spouse being declared unfit.

The Children’s Attitude Toward the Parent

How children feel toward each parent is crucial in custody determination. Generally, children are supposed to feel comfortable with their parents, but if they exhibit fear and hatred, it could be an issue of concern. It could mean their relationship with that parent is broken and needs to be fixed. Granting custody to such a parent could worsen the condition.

What Evidence Can I Present to Prove My Ex is Unfit?

Proving that a parent is unfit can be challenging, and you must have compelling evidence to support or substantiate your claims. Depending on the circumstances, the court could order a child custody evaluation. The evaluator is an independent investigator, and their report bears much weight in determining the court’s decision.

Your child custody lawyers in Overland Park can also help you gather more evidence, such as the following, to create a compelling case:

• Testimonies from therapists, coaches, teachers, counselors, and other people who have witnessed or are familiar with instances when the parent has exhibited unfit behavior
• Police reports and protective orders dealing with domestic violence
• School and medical records
• Records of home visits and inspections
• Photographs and videos of the parent’s home
• Criminal records, if any

If a judge finds the other parent unfit, the decision may be to order sole custody to you. Your ex-spouse may be granted supervised or restricted visitation. Only in rare circumstances will a court terminate an unfit parent’s rights after carefully examining all factors.

An Experienced Child Custody Attorney Protecting Your Child’s Rights

Courts must intervene and protect children from unfit parents when determining custody cases. Judges can evaluate various factors to determine a parent’s fitness and deny them visitation rights if the situation demands it. Resolving the issue of parental unfitness revolves around the child’s best interests.

If you determine that your ex-spouse is unfit for child custody, contact experienced family attorneys in Overland Park. They can help you collect credible evidence to prove why granting custody to the unfit parent would undermine your child’s well-being. Barnds Law, LLC, hosts experienced lawyers who can provide legal support to help you fight for a favorable outcome. Call us at (913) 514-0909 for a case strategy.

What is Kansas’ DUI Diversion Program?

When people are arrested for and charged with DUI offenses, they are subject to criminal prosecution by default. However, a first-time offender whose DUI charges don’t include harming anyone can enter the state’s diversion program. The avenue makes it possible to have all charges dismissed upon program completion.

The program has no restrictions based on BAC levels, and criminal defense lawyers in Overland Park highly recommend it for first-time offenders. Through the program, accused individuals undergo rehabilitation, helping them reduce their chances of becoming habitual offenders.

How Does the DUI Diversion Program Work?

The Kansas DUI diversion program is not a “get out of jail free” card, but it can dramatically reduce the consequences of a DUI charge, which include the following:

• Loss of driving privileges
• Potential jail time
• Hefty fines

The DUI diversion program can prevent your first-time mistake on the road from severely impacting your life. However, eligibility criteria exist, with only some offenders getting accepted into the program. Skilled DUI lawyers in Overland Park can evaluate your case and help you arrange your entry into the program by working closely with the prosecution.

Taking a Guilty Plea

To be eligible to enter the DUI diversion program, you must agree to plead guilty and serve a community service sentence. You also must adhere to a series of conditions to have your case dismissed without a criminal conviction. The program also requires that you agree to be supervised for one year.

The diversion program is significantly similar to probation at the surface, but if you complete the program, the charge is dismissed, and you won’t have a conviction on your record. However, the DUI charge and diversion program will continue to show on your driving record.

Failure to follow the program’s rules will have the charges reinstated, no matter how long you have been in the program.

What is the Eligibility for the Kansas DUI Diversion Program?

First-time DUI offenders who wish to enroll in the DUI diversion program must meet a range of eligibility criteria, such as the following:

• Breath alcohol content (BAC) test results within a reasonable range
• No previous DUI convictions, as you only get one chance at the diversion program
• Your charges don’t include bodily injury or death
• You complied with police requests and commands
• You’re not a Commercial Driver’s License holder
• You don’t have any previous convictions or have never enrolled in any diversion program of any kind

Entry into the diversion program is at the discretion of the prosecution. Prosecutors can decide whether or not to place the offer on the table. You must portray seriousness and willingness to enroll in the program. Work with experienced Overland Park DUI attorneys who understand the ins and outs of the process to fight for a favorable outcome.

What Conditions Must I Fulfill in a DUI Diversion Program?

The DUI diversion program can be beneficial if you’re eligible. Once accepted into the program, you must abide by the following set of conditions to avoid having the charges restored:

Undergo Drug and Alcohol Evaluation

You must undergo a drug and alcohol evaluation at your own cost from a certified provider in the state. The provider will give recommendations regarding treatment, and you will be required to stick by them.

For example, you may have to:

• Attend AA meetings
• Go for a one-day educational program
• Submit to frequent urine tests
• Participate in outpatient treatment
• Go to the DUI Victim Panel, even if your driver’s license has been suspended in the administrative proceeding

Pay Related Fines

Your enrollment into a DUI diversion program is contingent on paying all the fines and fees related to your case. The costs must be paid upfront, usually between $750 and $1,500.

Waive Your Right to Undergo Trial and Sixth Amendment Rights

Once you agree to enroll in the DUI diversion program, you must give up your right to be tried in a court of law for the offense, including a jury trial. If you’re removed from the diversion program for violating any of the conditions, you won’t be able to have a jury trial if the prosecution reinstates your charges.

You will also have to waive your rights to confront witnesses as afforded in the Sixth Amendment. That means your Overland Park DUI lawyers won’t have a chance to cross-examine the officers or even test the evidence. Consult your lawyers about the impact of waiving your rights before enrolling in the program.

Abstain from Alcohol and Drug Use

Once you enroll in the diversion program, you must keep off drugs and alcohol for the contract period, usually 12 months. You will undergo random urine analyses and breath tests to verify your abstinence. Failing any test puts you at risk of being removed from the program and prosecuted for the initial DUI charges.

Avoid Legal Trouble for 12 Months

You must stay out of legal trouble for one year to maintain your enrollment in the diversion program and get the case dismissed. Any legal misgivings or contact with law enforcement for the wrong reasons could have you removed from the program and your charges reinstated.

While these are the most common conditions for the DUI diversion program, your coordinator may stipulate more depending on the case specifics. Check with your lawyers for additional requirements you should expect to meet.

A Skilled DUI Lawyer Helping You Enroll in the Diversion Program

If you’re facing DUI charges in Kansas for the first time, you could avoid the steep penalties and consequences of a conviction by enrolling in the DUI diversion program.

Skilled DUI attorneys in Overland Park, KS, can evaluate your eligibility and work closely with the prosecutors to have the charges dismissed if you fulfill the program’s requirements.

Barnds Law, LLC, is a reputable firm hosting skilled family lawyers in Overland Park. We believe in fighting for favorable legal solutions for families. Your first DUI offense should not imprison you and separate you from your family. Let us work with you to create a strategy that can have the charges dropped or penalties reduced. Call us at (913) 514-0909 to schedule a consultation.

Navigating the complexities of child custody and support can be challenging, especially if you were never married to your child’s other parent. However, it is crucial to understand that unmarried parents have the same rights and responsibilities as married couples regarding their children.

Understanding Parental Legal Rights

First and foremost, it’s essential to comprehend your legal rights as an unmarried parent. Parents have legal custody rights and responsibilities to their children regardless of marital status, and both have equal custody and visitation rights in most jurisdictions unless a court decides otherwise.

The court primarily considers the child’s best interests when determining child custody and support arrangements. The court reviews factors such as the child’s age, emotional bond with each parent, household stability, and each parent’s ability to provide for the child’s physical and emotional needs. As you present your case, focus on how your proposed arrangements will benefit your child.

Courts categorize child custody into two types: physical custody (where the child lives) and legal custody (decision-making authority for the child).

Physical Custody

Physical custody regards where the child primarily lives and spends most of their time. It involves the day-to-day care and responsibility for the child’s physical well-being. There are two main types of physical custody:

Sole Physical Custody

In this arrangement, the child primarily resides with one parent, and the other parent may have visitation rights or scheduled parenting time. The parent with sole physical custody is called the custodial parent, and they are responsible for the child’s daily care, including providing food, clothing, and shelter.

Joint Physical Custody

Joint physical custody means the child spends significant time with both parents and may have relatively equal time with each parent. This arrangement requires a high level of cooperation and communication between the parents to ensure a stable and consistent environment for the child.

Legal Custody

Legal custody pertains to the decision-making authority for the child’s life, including important matters such as education, healthcare, religious upbringing, and other major life choices. Like physical custody, legal custody can also be sole or joint custody.

Sole Legal Custody

When one parent has sole legal custody, they have the exclusive right to make all significant decisions concerning the child’s upbringing without requiring input or agreement from the other parent. Courts often grant sole legal custody when they determine that joint decision-making is not in the child’s best interests due to conflict or other factors.

Joint Legal Custody

Joint legal custody means that both parents share decision-making authority for the child. They must collaborate and communicate effectively to reach a consensus on important matters affecting the child’s life. Courts generally favor joint legal custody as it promotes the involvement of both parents in the child’s upbringing and encourages cooperative parenting.

Paying Child Support

Child support is essential to co-parenting and ensuring the child’s well-being. The amount of child support is typically determined based on state guidelines, considering who has custody, each parent’s income, and other relevant factors. Remember that child support is not optional, and failure to pay can lead to serious legal consequences. Always fulfill your financial responsibilities to support your child’s upbringing.

Seek Guidance from Experts

Mediation and Therapy

Parents can often resolve custody and support matters amicably through mediation and open communication, which may benefit from also attending therapy. Mediation allows both parties to work together to create a mutually agreeable parenting plan without involving the courts. This approach can be beneficial as it reduces stress and financial burden while keeping the child’s best interests at the forefront.

Establishing Paternity

If you have not legally established paternity through testing, it is crucial to do so. Paternity gives unmarried fathers the right to pursue custody and visitation rights. The process typically involves DNA testing and legal documentation, which family courts or state agencies can facilitate. Once paternity is established, you can proceed with other child custody and support aspects.

Legal Counsel

Given the complexity of family law, seeking legal counsel is highly recommended when establishing child custody and support. An experienced family lawyer will provide invaluable guidance, explain your rights, and assist you throughout the legal process. A competent attorney can also help you draft a comprehensive parenting plan to demonstrate your commitment to your child’s well-being.

Drafting a Parenting Plan

A parenting plan is a written agreement outlining the responsibilities and schedule of each parent regarding the child’s upbringing. It should cover all aspects of the child’s life, including physical custody, visitation rights, decision-making authority, education, healthcare, and any specific needs the child may have. A well-thought-out parenting plan demonstrates your commitment to your child’s well-being and may serve as a reference for future disputes.

Filing for Child Custody and Support

If mediation fails to yield an agreement or is not an option, you may need to file a petition for child custody and support in family court. Ensure that all necessary paperwork is completed accurately and submitted promptly. During the court proceedings, be prepared to present evidence supporting your claim for custody and demonstrate your financial capability to support the child.

Contact Barnds Law LLC Today

Establishing child custody and support as an unmarried parent may seem daunting, but it can be a manageable process with the right approach and legal guidance. Barnds Law LLC has years of experience helping families like yours navigate child custody agreements. Schedule a strategy session with our team today by calling (913) 514-0909.