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What Makes Military Divorces Different from Civilian Divorce Cases?

Every divorce case is difficult in its own way. Family law matters are among the most challenging, particularly emotionally, legal issues in American courtrooms. Whether your divorce is amicable or not, many legal considerations must be taken into account before things can be finalized. And where a civilian divorce can be challenging in its own way, a military divorce presents extra difficulties and complications that civilian divorces may not. 

Whether you are a military spouse contemplating filing for divorce or the civilian spouse of a military service member, it is vital to have a comprehensive understanding of the many intricacies of military divorce cases.

A military divorce, like any sort of civilian divorce, involves the legal termination of a marital union. However, when military couples decide to end their marriages, they face unique challenges that are not typically present in other divorce proceedings. These unique challenges and processes partly stem from the nature of military service, including deployments, frequent relocations, and complex legal processes.

What Are the Unique Challenges of a Military Divorce in the USA?

Among the primary factors differentiating a military divorce from any civilian divorce is the jurisdictional issue that can often arise in a military divorce. Married military couples could be stationed in different states or countries, presenting unique challenges regarding the appropriate jurisdiction for divorce proceedings. Additionally, military divorces are governed by state and federal laws, further complicating matters.

When going through a military divorce, it is essential to have legal representation experienced in handling this sort of divorce case. Contact our law firm to speak with the attorneys about your military divorce and learn the benefits of retaining our legal services.

Military Deployments

Military service deployments pose distinct complications in divorce proceedings. Service members deployed overseas can have difficulty attending necessary hearings or responding to divorce petitions.

The Servicemembers Civil Relief Act protects military members on active duty by allowing certain civil obligations to be postponed or suspended, including divorce proceedings. This law acknowledges the unique challenges of military service members and aims to alleviate the difficulties of handling the complicated legal matters of divorce. 

Military service members deployed overseas can have a difficult time navigating divorce proceedings, especially if their spouse is separated across oceans. Obtaining divorce decrees overseas can introduce new complexities, particularly if the United States of America does not recognize the foreign divorce decree. It is generally recommended that service members and their spouses file for divorce within the USA if possible.

Jurisdiction

Every state has unique requirements about who is eligible to file for divorce in that state. Because both state and federal laws bind a military divorce, you must familiarize yourself with the requirements for divorce in your state and on a federal level.

Unlike civilian divorces, where jurisdiction is usually solely based on residency, a military divorce could be filed in several potential locations, including where the spouse currently resides, where the service member is stationed, or where the service member has legal residency.

Choosing the proper jurisdiction for your divorce case is essential. State laws can potentially decide the outcome of your divorce case. Please contact our law firm for a more comprehensive understanding of the laws that govern divorce proceedings.

Default Judgments

The Servicemembers Civil Relief Act provides legal protection options to active-duty service members. One protection allows them to challenge default judgments entered against them if they cannot attend courtroom proceedings. 

If the court enters child custody or other court orders by default because of the service member’s lack of attendance, this legal protection can undo those orders, putting the issues back before the court for new arguments and evidence.

Retirement Benefits

A former spouse is not automatically entitled to the retirement pay of a military service member. A state judge must specifically award the division of military pensions and benefits as part of a divorce settlement.

The Uniformed Services Former Spouses Protection Act is crucial in ensuring the division of military benefits during divorce proceedings. The Act authorizes state courts to treat military pay as community property, allowing them to divide a portion of the military pension, pay, and benefits between spouses during divorce proceedings, so long as it is deemed fair and equitable.

Child Custody, Visitation, and Child Support

Child custody matters are influenced by unique factors that separate them from most civilian divorce cases. Deployment to a different state or country does not automatically justify a significant adjustment in child custody or visitation time. A family law court’s primary concern must always be in the child’s best interest, as it will emphasize the stability and continuity of the child’s care despite the challenges of continued military service for one or both parents. 

Spouses involved in military divorces should consider working together to develop custody and visitation arrangements that address the unique demands of their situations. However, we understand this is not always possible, and it may be necessary to consider working with attorneys and even alternative dispute resolutions such as mediation.

Child support payments are calculated per state guidelines, and both parents’ income is considered. All child support calculations follow a standardized approach, wherein the courts evaluate both parents’ financial capacity and ability to contribute to the child’s well-being, regardless of any service-related obligations.

Schedule a Consultation with Our Experienced Legal Team Today

If you are going through a military divorce, you must retain the professional legal counsel of attorneys well-versed in family law and military divorce proceedings. Deciding to go without legal representation during a military divorce is highly inadvisable, as it could put you at a disadvantage during proceedings, cost you some of your rights, and potentially result in a far less favorable divorce settlement. 

Our law firm has extensive experience representing clients in military divorce cases. Our family law attorneys pride themselves on being compassionate and understanding towards our clients and their needs.

You may reach us at 913-514-0909.

Is Your Marriage Coming to an End?

A divorce is already a tumultuous, extremely emotional, and complicated legal procedure. But when the cards aren’t evenly stacked, and there is an unfair balance of wealth, it can leave you afraid for your future.

Alimony is a way to help balance the scales. It allows a spouse who gave up their career to either support their spouse or become a stay-at-home parent to exit the marriage with the ability to maintain the standard of living they have grown accustomed to. It can help you finish your education or support you until you find employment. If your marriage was particularly long, it can even support you until you remarry or you or your former spouse pass away.

Barnds Law LLC understands how important this support is. We will help you understand your options, how alimony is calculated, and the options you have for modifying the payments.

What Types of Alimony Are There?

Alimony, also known as spousal maintenance, can be awarded in several forms depending on the circumstances of the marriage and divorce. The most common types are:

• Temporary alimony: Granted during the divorce process to help a lower-earning spouse cover their basic living expenses until the divorce is finalized.
• Rehabilitative alimony: Awarded for a limited time to allow the receiving spouse to start or complete their education, training, or work experience to become self-sufficient. This is the most commonly awarded alimony in Kansas.
• Permanent alimony: Awarded in cases involving long marriages or a spouse who is elderly or disabled and will never gain financial independence. This type is rarely awarded in Kansas.
• Lump-sum alimony: A one-time payment instead of ongoing support. It may be agreed upon in settlement negotiations or ordered by the court.

How Is Alimony Calculated In Kansas?

In Kansas, alimony is not calculated using a strict formula. Instead, the courts have broad discretion and consider a range of factors to determine whether or not alimony is warranted, how much should be paid, and for how long.

Judges typically consider the following:

• The length of the marriage, as longer marriages are more likely to result in long-term or higher alimony awards.
• Each spouse’s income and earning capacity, comparing their current earnings and their realistic ability to support themselves after the divorce.
• Age and health of each spouse, as a spouse with health issues or nearing retirement may be more likely to receive support.
• Financial needs and obligations, including monthly expenses, debts, and the standard of living during the marriage.
• Education and job skills, especially important when one spouse needs time or resources to become self-supporting.
• Contributions to the marriage, which are not always financial. Homemaking and supporting a spouse’s career or education are often considered.

There is no official calculator used in Kansas for determining alimony, so having an attorney advocate for your needs during negotiations or litigation can make all the difference.

Can You Have Your Alimony Arrangement Modified?

Alimony can be modified in Kansas, but only under certain conditions. To request a modification, the party seeking the change must show a significant material change in circumstances since the original decision was rendered. The change must be ongoing and not something that was anticipated at the time of the divorce.

Common reasons for a modification may include:

• A substantial increase or decrease in either party’s income
• A job loss or promotion
• Serious illness or disability
• The receiving spouse remarries or begins a cohabiting relationship
• Retirement, especially when it impacts the paying spouse’s income

The process of modifying alimony payments is as follows:

1. File a motion: The requesting party must file a formal motion with the court that originally ordered the alimony payments.
2. Provide evidence: Documentation supporting the change in circumstances is necessary evidence.
3. Court review: A judge will review the motion and may hold a hearing. They will decide whether to increase, decrease, or terminate the alimony.

If you feel like a modification to your alimony payments is warranted, but you are not sure where to start, an alimony attorney can help you through the process. Working together, they will determine if your circumstances have changed enough to warrant petitioning the court. If they feel like a modification is warranted, they will guide you through the petition process and help you gather the supporting evidence to build a solid claim.

Can You Request Alimony After Your Divorce Is Finalized?

In Kansas, you are generally not able to request alimony after the divorce is finalized. It also isn’t automatically addressed during divorce proceedings; it must specifically be requested. If the court did not award alimony, or you failed to request it before your divorce was finalized, then you will lose the ability to seek alimony.

If you feel like you are owed alimony for the sacrifices you’ve made for your marriage, then speaking with your divorce attorney about alimony should be a priority.

Can Bards Law LLC Help Your Alimony Case?

Our law firm has experienced divorce attorneys who are well-versed in Kansas’ alimony laws, and the best way to ensure you receive the support you need to get back on your feet after your divorce is finalized.

If you already have an alimony order and feel that your circumstances have changed significantly enough for the courts to reconsider the situation, our alimony attorneys can help you prepare.

Call 913-514-0909 to schedule a strategy session with a Barnds Law LLC alimony attorney. Don’t risk leaving your marriage unprepared. Call today to learn about your legal options.

Are You Celebrating the Birth of Your Child?

Few things are more important than having a baby with the person you love. You’re already preparing for the long, restless nights and changing diapers, but you likely never thought about establishing paternity. That is, until your parental rights started getting threatened.

Barnds Law LLC will fight for your rights to parent your child. We will help you fight against predatory child support arrangements. Fathers face greater challenges when asserting their legal rights, and we won’t stand for it.

If you are going through a parental dispute, either because you want the same parental rights as your child’s other parent, or you are being targeted for child support payments for a child you doubt is yours. Call 913-514-0909 to schedule a strategy session with Barnds Law LLC.

What is Paternity and Why Does It Matter?

Paternity is the legal recognition of a man as the father of a child. Biological paternity refers to their genetic connection, while legal paternity gives you, as the father, enforceable rights and responsibilities under the law. Without legal paternity, even if you are the biological father, you may be denied the ability to seek custody, visitation, or help make important decisions about the child’s upbringing.

Establishing legal paternity has more benefits than you may think. Established paternity ensures your child has access to financial support, medical history, and benefits like health insurance or Social Security. Paternity allows you to build and maintain a relationship with your child, especially in situations where you aren’t married to your child’s mother.

Establishing paternity is your first step in asserting your parental rights and becoming an active presence in your child’s life.

How Is Paternity Established in Kansas?

There are two primary ways to establish legal paternity, with the most common and easiest being to sign a Voluntary Acknowledgement of Paternity (VAP). This form is typically offered at the hospital shortly after a child is born. Both parents sign it, and then it must be filed with the Kansas Office of Vital Statistics. Once accepted, it has the same legal weight as a court order, although it can be challenged within 60 days.

If a VAP was not signed for some reason and there is a disagreement about who the child’s parents are, you can file a petition for paternity in district court. This is a formal legal process, and it may involve hearings and evidence. It is best to be prepared before filing, so call 913-514-0909 to speak with Barnds Law LLC so we can get started on your case.

When paternity is contested, the court usually orders DNA testing. Don’t worry; these genetic tests are easy, noninvasive, and highly accurate, meaning they are legally enforceable.

What Should You Do If Your Child’s Mother Is Contesting Paternity?

When this happens, you need to take immediate action to protect your rights. Follow these steps:

1. Call Barnds Law LLC: Our family law attorneys can help you gather evidence, file motions, and represent you during court proceedings. We will fight against false claims and protect your rights as a father.
2. File a Paternity Petition: Request a formal determination of paternity in district court. This gives the court jurisdiction to order testing.
3. Request DNA Testing: The court may require genetic testing to settle the dispute. Refusal to submit to testing will likely have a negative impact on the case.
4. Prepare for Hearings: Be ready to testify and provide documentation that supports your relationship with the child.
5. Stay Professional: Courts assess more than just the facts. They assess the credibility of each party. Staying calm and collected can help your claim.

What Are Your Legal Rights as a Father?

Once paternity has been successfully established, you are granted certain rights as the child’s legal parent. These rights include:

• Custody and visitation rights.
• The right to be involved in legal and medical decisions.
• Access to your child’s records, such as school and health records.
• The ability to petition for child support or shared expenses if you become the child’s custodial parent.

You also have the right not to pay child support for a child that is not legally yours. While we have largely concentrated on fathers fighting for their parental rights, we also help men not be taken advantage of with shady parental claims by the child’s mother without hard, verifiable evidence.

What Does a Family Law Attorney Do in Paternity Cases?

Attempting to take on paternity challenges without the guidance and advice of a legal professional is often overwhelming and costly. Attempting this process without the assistance of legal counsel can result in delays and expensive court fees for mistakes that could have been avoided. Going into this unprepared can result in you losing the ability to establish legal paternity.

Barnds Law LLC will help you navigate this legal process. We will file the correct petitions, respond to court notices, and ensure you meet all legal deadlines. We advocate for your rights as a father. We will gather the evidence that convinces judges of your rights and challenge inaccurate or downright false claims.

When Should You Call Barnds Law LLC?

You should call 913-514-0909 as soon as you start to sense that something feels off. Whether it’s being denied visitation or your child’s mother making comments about your legal paternity. The sooner you speak with a family law attorney, the sooner you can get your rights established and take on the important role in your child’s life that only a father can fill.

Contact us today for a strategy session. You can ask your important questions, and we will start building the foundations of a strong paternity case.

Are You Trying to Establish a Legal Guardianship for a Loved One?

Watching someone you love struggle to care for themselves is difficult, but when that person is a child, or an incapacitated or disabled adult, you may start to think you need to do something. Legal guardianship is a court-ordered arrangement where a person is granted the legal authority to make personal or financial decisions for another person who is unable to care for themselves due to age, incapacity, or disability.

If that sounds like the perfect solution to your situation, you should be aware that this process is long, complicated, and emotionally taxing. Even if the court agrees that the person in question may need help, it doesn’t mean they will grant legal guardianship on the spot.

You can significantly increase your odds of a successful legal guardianship petition by employing the help of a legal guardianship attorney. Barnds Law LLC has the team of professionals who can help you through the process so you can care for a vulnerable loved one.

Call 913-514-0909 to schedule a strategy session today.

Who is Involved in Establishing Legal Guardianship?

To establish a legal guardianship, you first have to understand the key parties of a legal guardianship.

• The ward: The individual who needs care or assistance. They can be a minor child, or an incapacitated or disabled adult.
• The guardian: The person appointed by the court to make decisions on behalf of the ward.
• The petitioner: The person who files the guardianship petition. This is usually the same person who is seeking to become a guardian, but any interested or concerned party can do this.
• Interested parties: Family members, friends, or others who are concerned about the well-being of the ward.
• The court: The legal authority that reviews the petition, examines the evidence, hears testimony, and has the final decision on whether or not the guardianship is necessary.
• Guardian ad litem: An independent person who may be assigned to investigate the situation. They represent the ward’s best interests.

What Types of Legal Guardianship are There?

There are multiple types of legal guardianship, each intended for different situations.

Which of these appears to be what you need for your situation?

• Guardian of the person: Appointed to make decisions about the ward’s personal well-being, including healthcare, living arrangements, and daily care.
• Guardian of the estate: Also known as a conservator, this person manages their ward’s finances, property, and legal affairs.
• Plenary guardianship: Grants full authority of both the person and the estate.
• Limited guardianship: Grants limited authority over specific areas of the ward’s life.
• Temporary guardianship: A short-term arrangement that is usually used in emergencies.
• Standby guardianship: Designated in advance to take over guardianship duties upon the death or incapacitation of the current guardian to avoid gaps in care.

How Do You Establish Legal Guardianship in Kansas?

There are many steps to follow when attempting to establish a legal guardianship, and missing a step, being unprepared, or making a mistake can cause significant delays or even result in the petition being denied.

A simplified map of these steps looks like this:

1. Confirm the need: Determine that the individual cannot manage their personal or financial matters.
2. Choose the type: Decide which of the guardianships mentioned earlier would best suit the situation.
3. Prepare documentation: Gather medical and background records, and speak with witnesses.
4. File a petition: Submit your paperwork to the appropriate court.
5. Notify interested parties: Inform the family and other people who are legally entitled to notice.
6. Undergo evaluation: The court may appoint a guardian ad litem to investigate the case.
7. Attend a hearing: The judge reviews evidence and decides whether or not to appoint a guardian.
8. The guardian is appointed: If approved, the guardian issues an order establishing guardianship.

Even if you successfully petition the court for legal guardianship, your duties are far from over. You may be required to attend training to understand better how to provide care for your ward. The court may require monthly reports and regular in-person updates to ensure you are acting in your ward’s best interests.

In instances of guardianship of the estate, you will likely be required to keep comprehensive documentation of expenses, and you will likely have to seek approval from the court before making larger transactions for your ward, such as buying or selling property.

Who Can Be Appointed a Legal Guardian?

• Adult family members
• Spouse or domestic partner
• Friends or caregivers
• Attorneys or professionals
• Public and agency guardians

There are even instances where the proposed ward requests a guardian when they feel like they need extra help.

How Does a Guardianship Attorney Help?

Guardianship lawyers play a vital role in legal guardianship cases. They can help you determine whether guardianship is appropriate or if there are other, more fitting legal options. They will draft the petition and complete all necessary court forms, ensuring everything is turned into the right court office. They will also ensure you meet all major deadlines to avoid delays.

Barnds Law LLC is here to help you understand legal guardianships and figure out the best path for you and your loved one.

We will advocate for you in court during the hearing and present evidence that proves your claims. Our firm knows the medical experts who can evaluate the situation and offer testimony. When your petition is approved, we will educate you on your new responsibilities, ensuring you are meeting all of your legal obligations.

If an interested party disputes the petition, we will help you resolve the issue with a level head and evidence.

We understand that you have likely been worried about this for a long time. Call 913-514-0909 for a strategy session where we will hear your case and determine the best course of action.

What Are the Legal Grounds for Modifying a Divorce Decree?

Divorce decrees are not permanently fixed. Life evolves, and these changes often require legal adjustments. In Kansas, to amend a divorce decree, you must show that there has been a considerable shift in circumstances. Such changes might include variations in income, moving to a new location, or alterations in a child’s needs. The court needs to be convinced that the changes are significant enough to justify a modification. Merely being dissatisfied with the original terms does not suffice.

Understanding the Requirements for Modification

To modify a divorce decree, understanding what constitutes a “substantial change” is crucial. For example, losing a job or experiencing a significant drop in income may justify changing alimony or child support. Likewise, if one parent intends to relocate out of state, this could impact custody arrangements. The critical factor is proving that the change is material, ongoing, and not minor or temporary. Kansas law requires that the change be unexpected and not something that could have been foreseen when the original decree was issued.

What Steps Do I Need to Take to Modify a Divorce Decree?

Once you have confirmed valid grounds for modification, it’s time to proceed. The process involves several important steps, each vital for a successful outcome.

Filing a Petition for Modification

The initial step is submitting a modification petition to the court that issued your original decree. This document details the modifications you are requesting and the reasons for them. Be precise and straightforward, supplying evidence to support your claims, such as financial documents, employment records, or other pertinent information. Ensuring timely and accurate completion and submission of all paperwork is crucial, as mistakes can delay the process.

Serving the Other Party

After you file your petition, you must provide the other party with a copy. This ensures they are informed about your request and can respond. Depending on the situation, you can serve documents through a process server or via certified mail. Proper service is essential to uphold the legal rights of both parties and maintain a fair and transparent process. 

Attending a Court Hearing

A court hearing will be arranged once the other party is served. During this session, both sides will present their cases. The judge will examine the evidence and make a decision based on what is best for everyone involved, especially any children. Thorough preparation for this hearing is crucial because the judge’s decision will heavily depend on the evidence and arguments you present.

Can I Modify Child Custody and Support Orders?

Child custody and support modifications can be contentious parts of a divorce decree. Fortunately, Kansas law allows for changes in these areas if specific conditions are met.

Factors Considered by the Court

When evaluating a request to modify child custody or support, the court examines various factors. These include the child’s best interests, parents’ financial situations, and any changes in living arrangements. The goal is to make sure the child’s requirements are fulfilled and that both parents share responsibilities equally. Additionally, the court might evaluate the child’s bond with each parent, how well the child adapts to their home, school, and community, and each parent’s readiness to foster a healthy relationship between the child and the other parent.

Seeking a Modification for Child Support

To adjust child support, you need to show a significant change in financial circumstances. This might stem from job loss, a new job with a different salary, or changes in the child’s needs. The court will assess the evidence and modify the support order accordingly. It is crucial to note that the Kansas Child Support Guidelines will be applied to determine the appropriate support amount, ensuring the child’s financial needs are met.

Seeking a Modification for Child Custody

Changing child custody requires demonstrating that the change serves the child’s best interests. This could involve a parent’s relocation, changes in the child’s needs, or concerns about the child’s welfare in the current setup. The court considers all relevant factors before deciding. Presenting a persuasive case showing how the proposed changes will benefit the child is vital for improving their overall well-being.

What Happens After a Divorce Decree Modification is Granted?

Once the court approves a modification, understanding what follows is important. Implementing and enforcing the new orders is essential to ensure compliance and prevent future disputes.

Implementing the Modified Orders

After a modification is granted, both parties must follow the new terms. This may involve altering child support payments, modifying custody arrangements, or updating financial records. Effective communication and cooperation are crucial for a smooth transition. Keeping detailed records of any changes is also vital, as this documentation can be invaluable in future disputes.

Enforcing the Modified Decree

If one party does not comply with the modified decree, legal action might be necessary. This could include filing a motion for contempt or seeking enforcement through the court. An attorney can assist with these steps, ensuring your rights are protected. It is crucial to act promptly if non-compliance occurs, as delays can complicate the enforcement process and potentially affect your case.

How Can an Attorney Help Me with Modifying a Divorce Decree?

A knowledgeable attorney can help you comprehend your rights and responsibilities under Kansas law. They can assist in gathering evidence, handle necessary paperwork, and represent you in court. Their expertise can significantly impact the outcome of your case. An attorney can also provide strategic guidance on effectively presenting your case, enhancing the likelihood of a favorable result.

Working with an Attorney to Navigate the Legal Process

An attorney can guide you through each step of the modification process, from petition filing to court hearings. They can help you build a strong case and advocate for your interests, ensuring your voice is heard. With their support, you can confidently navigate the legal complexities, knowing you have a dedicated professional on your side.

If you need to modify an existing divorce decree, contact Barnds Law LLC today at 913-514-0909 for an initial consultation.

What Happens to Military Retirement Benefits in a Divorce?

Dealing with a divorce can be a daunting process, and when military retirement benefits are part of the equation, it becomes even more complicated. A crucial piece of legislation in these scenarios is the Uniformed Services Former Spouses’ Protection Act (USFSPA). This federal statute permits state courts to regard military retirement pay as marital property, which may be divided between spouses during divorce proceedings. However, this law does not automatically entitle a former spouse to a share of the benefits; rather, it establishes a legal framework for states to apply their laws regarding the division of marital assets.

In Kansas, like many states, several factors are considered when determining how military retirement benefits are divided. These include the duration of the marriage, the time the marriage coincided with military service, and each spouse’s contributions to the marriage. While Kansas courts may award up to 50% of military retirement pay to a former spouse, this is not a guarantee. The court’s decision will hinge on the unique circumstances of the marriage and divorce.

Understanding the legal intricacies is necessary for anyone navigating a divorce involving military retirement benefits. It’s not solely about splitting assets; it’s ensuring that both parties receive a proportionate share based on their roles and the marriage’s length. If you’re in this situation, be aware of your rights and the legal procedures involved.

Understanding the Uniformed Services Former Spouses’ Protection Act (USFSPA)

Enacted in 1982, the USFSPA addresses how military retirement pay is divided during divorce proceedings. It empowers state courts to consider military retirement pay as marital property, which is subject to division. However, the law does not specify how benefits are to be divided; that responsibility lies with state courts. As a result, the division of military retirement benefits can differ significantly based on state laws and case specifics.

Factors Considered in Dividing Military Retirement Benefits

When determining how to allocate military retirement benefits, Kansas courts examine multiple elements. The marriage’s length plays a crucial role, as does the overlap between the marriage and military service. Additionally, the court evaluates both financial and non-financial contributions of each spouse, such as homemaking, child-rearing, and support for the military spouse’s career. The court aims for an equitable distribution of assets, considering each case’s unique circumstances.

What Happens if a Former Spouse Remarries?

Remarriage can have significant effects on military retirement benefits. If you’re a former spouse receiving a portion of these benefits, understanding how remarriage might impact your financial situation is crucial. Generally, once the court has decided on the division of military retirement pay, this arrangement remains unchanged regardless of either party’s marital status.

Impact of Remarriage on Military Retirement Benefits

While remarriage typically doesn’t alter the division of military retirement pay, it can influence other financial aspects, such as alimony. Remarriage may result in reduced or terminated alimony payments. It’s essential to review your divorce decree and any related agreements to grasp how remarriage might affect your finances.

If you’re considering remarriage, it’s prudent to seek advice from a family law attorney. They can help you comprehend the potential consequences for your military retirement benefits and other financial arrangements, enabling you to make informed decisions about your future.

Are Survivor Benefits Available for Former Spouses?

Survivor benefits are a crucial consideration for former spouses of military personnel. These benefits offer financial support if the service member passes away. However, eligibility for survivor benefits can be complex, making it essential to understand your available options.

Eligibility for Survivor Benefits

To qualify for survivor benefits, a former spouse must meet certain criteria. The most common form is the Survivor Benefit Plan (SBP), which provides ongoing income to a designated beneficiary following the service member’s death. To be eligible for SBP, the former spouse must have been married to the service member for at least 10 years, during which the service member completed at least 10 years of creditable military service.

Options for Former Spouses to Receive Survivor Benefits

Former spouses can receive SBP coverage if the service member elects to provide it, either at retirement or through divorce negotiations. Addressing SBP coverage during divorce proceedings is vital to ensure the former spouse’s protection. If SBP coverage isn’t elected at retirement, obtaining it later can be challenging.

If you’re a former spouse seeking survivor benefits, understanding your rights and options is crucial. Consulting with a family law attorney can help you navigate the complexities of SBP and other survivor benefits. They can assist you in negotiating favorable terms during your divorce, ensuring your financial future remains secure.

How Can a Family Law Attorney Help Protect Your Military Retirement Benefits?

Enlisting the help of a family law attorney can significantly impact the outcome of your divorce involving military retirement benefits. These benefits are not just another asset; they embody years of dedication and sacrifice. A knowledgeable attorney can guide you through the complexities of the USFSPA and Kansas state law, safeguarding your rights throughout the divorce process.

A skilled attorney will delve into your specific situation, including the marriage length and its overlap with military service. They will compile evidence to bolster your case, such as financial records and testimonies about your contributions to the marriage. This information is vital for convincing the court to award a fair share of the military retirement benefits. Additionally, an attorney can explain the tax implications of dividing these benefits, offering advice on minimizing tax burdens and securing financial stability post-divorce. This is particularly important if these benefits are a major income source in your retirement.

If you’re dealing with military retirement benefits in a divorce, call Barnds Law LLC today at 913-514-0909 for an initial consultation.

Can a Grandparent Seek Custody if a Parent is Deemed Unfit?

In Overland Park, Kansas, the question of whether a grandparent can seek custody of a grandchild when a parent is deemed unfit is both complex and emotionally charged. The law recognizes that parents have a fundamental right to raise their children. However, this right is not absolute. The court may intervene to protect the child’s best interests when a parent is considered unfit. Generally, a parent may be deemed unfit if they cannot provide their child a safe and stable environment. This could be due to neglect, substance abuse, or a history of domestic violence. In such cases, grandparents may step in to seek custody, but the process is not straightforward.

What Qualifies a Parent as Unfit in the Eyes of the Law?

The legal definition of an unfit parent varies, but it typically involves failing to meet the child’s basic needs. This could include inadequate supervision, lack of proper nutrition, or exposure to harmful situations. Courts will look at evidence of neglect or abuse, and they may consider the parent’s mental health and criminal history. It’s a serious determination, and the burden of proof lies with the party alleging unfitness. Grandparents must be prepared to present compelling evidence to support their claim.

What Factors Are Considered in Determining Parental Fitness?

When determining parental fitness, the court considers a variety of factors. The child’s safety and well-being are paramount. The court will examine the parent’s ability to provide a stable home environment. This includes looking at the parent’s financial situation, living conditions, and emotional stability. The court may also consider the child’s relationship with the parent and any history of abuse or neglect. 

The court will also evaluate the parent’s mental and physical health. If a parent struggles with substance abuse or mental illness, this could impact their ability to care for the child. However, the court will also consider whether the parent is receiving treatment and trying to improve their situation. It’s a nuanced evaluation, and the court aims to balance the parent’s rights with the child’s best interests.

In addition to these factors, the court may consider the role of other family members, such as grandparents, in the child’s life. If a grandparent has been a significant presence and has provided care and support, this could influence the court’s decision. Ultimately, the goal is to ensure the child is in a safe and nurturing environment.

What Are the Rights of Grandparents in Custody Cases?

Grandparents’ rights in custody cases are not as extensive as parental rights, but they do exist. In Kansas, grandparents can petition for custody or visitation if they can demonstrate that it is in the child’s best interests. This often requires showing that the child has a significant relationship with the grandparent and that maintaining this relationship is beneficial for the child’s well-being.

Grandparents may also have rights if they have been acting as the child’s primary caregiver. In such cases, the court may recognize the grandparent’s role in the child’s life and consider granting custody. However, this is not guaranteed, and the court will always prioritize the child’s best interests.

Grandparents need to understand that their rights are not automatic. They must actively seek legal recognition and be prepared to present a compelling case. This often involves demonstrating the parent’s unfitness and the grandparent’s ability to provide a stable and loving home.

What Legal Steps Can a Grandparent Take to Petition for Custody?

If a grandparent believes a parent is unfit, they can file a petition for custody in family court. This involves submitting legal documents that outline their relationship with the child and the reasons they believe custody should be transferred. The court will then evaluate the situation, considering the child’s best interests. This process can be lengthy and requires a thorough understanding of family law. Grandparents should be prepared for a legal battle, as parents can contest the petition.

What Legal Challenges Might Grandparents Face in Seeking Custody?

Seeking custody as a grandparent comes with its own set of legal challenges. One of the primary hurdles is proving parental unfitness. This requires substantial evidence and can be difficult to establish. Additionally, grandparents may face resistance from the parents, who have a constitutional right to raise their children.

Another challenge is the legal process itself. Custody cases can be lengthy and complex, requiring a deep understanding of family law. Grandparents must be prepared for court hearings, legal paperwork, and potential appeals. This can be both time-consuming and emotionally draining.

Financial considerations are also a factor. Legal fees can add up quickly, and grandparents must be prepared for the financial burden of a custody battle. It’s important to weigh the potential costs against the benefits of seeking custody.

Despite these challenges, many grandparents find the process worthwhile if it means ensuring the safety and well-being of their grandchild. With determination and skilled legal support, grandparents can navigate these obstacles and work towards a positive outcome.

If you are a grandparent seeking custody of your grandchild, call an experienced attorney to protect your rights.

How Can an Attorney Assist Grandparents in Seeking Custody?

Navigating the legal system can be daunting, especially in custody cases. An experienced attorney can assist in gathering evidence to support the claim of parental unfitness. This might include medical records, police reports, or testimony from witnesses. An attorney can also help grandparents prepare for court hearings, ensuring they present a strong case.

In addition to legal representation, an attorney can provide guidance on alternative solutions. Sometimes, mediation or family counseling can resolve issues without the need for a court battle. An attorney can advise on the best course of action, considering the case’s specific circumstances.

An attorney can also help grandparents understand the potential challenges they may face. Custody cases can be emotionally taxing, and having a legal advocate can provide much-needed support. With the right legal assistance, grandparents can navigate the complexities of the legal system and work towards securing a safe and stable environment for their grandchild.

Call Barnds Law LLC today at 913-514-0909 for an initial consultation.

The days are long past when unmarried parents had fewer legal rights or obligations to their children. But it is often more difficult for unmarried parents to secure them. A father must formally prove his paternity to petition for custody unless the mother cooperates. A mother begins with sole custody, but if the father does not help her, she can have an uphill battle for the child’s future.

What do parents in Kansas and Missouri need to do for their children and themselves?

Paternity: Securing Rights to Custody and Support

Legal recognition of paternity is the key to a father’s custody rights and support obligations. Even when the father and mother fully intend to raise the child together, the rights and obligations of the father-child relationship are not safe without formal acknowledgment.

In both states, an unmarried mother will begin her child’s life with sole custody unless the father has made a formal claim (or, rarely, when the state has intervened). If their relationship is rocky, she may well be uncertain whether to pursue a legal declaration of paternity. When the father has been abusive or dangerous, it is not an easy question, and the mother will need advice from counsel about how to proceed carefully. There are options for pursuing child support without personal contact.

The right to the relationship ultimately belongs to the child. A child will need formal proof of paternity not only to seek child support but to assert any future rights to inherit and receive benefits, as well as possible rights and social standing within the father’s extended family.

Kansas

State law assumes a man’s paternity if a child is born during a marriage or when:

• The child was born within 300 days of the end of the marriage
• The parents attempted to marry before or after the birth, but the marriage was legally invalid
• The man’s name appears with his consent on the child’s birth certificate
• He “notoriously” (that is, openly) acknowledges paternity
• He acknowledges it in writing
• He is obligated by a court order or “written voluntary promise” of support
• Genetic testing indicates a probability of paternity of 97% or higher
• Another state or jurisdiction recognizes him as the father

See K.S.A. § 23-2208. To appear on the birth certificate, a father can complete a Voluntary Acknowledgment of Paternity form at the hospital where the child is born. He can also acknowledge it and request an amended birth certificate at a later date, but he will need either the mother’s cooperation or a court order.

A father can bring an action in district court to establish his paternity. See § 23-2209. The mother, the child, or anyone on their behalf may also bring a paternity action, and the state may also do so to pursue child support. The court can order genetic testing for the child if necessary. However, if the child’s paternity is being challenged, the court may order a hearing on the best interests of the child.

Missouri

Laws for presuming paternity in Missouri are very similar. However, in Missouri, blood tests must show a probability of paternity of 98% or higher. See RSMo § 210.822 for further details.

During a pregnancy, an unmarried father can file a Notice of Intent to Claim Paternity with the Bureau of Vital Records. Afterward, he should file an Affidavit Acknowledging Paternity within 15 days of the birth. Filing by that time gives him the right to notice and participation in any adoption proceedings for the child.

A father or another person on the child’s behalf can also request a Declaration of Paternity from the Circuit Court at any time before the child’s 18th birthday. If necessary, a court can give an order requiring DNA testing to confirm the child’s paternity.

Establishing Custody and Support

Ultimately, the rights to child support and relationships do not belong to parents but to children. That is why marital status does not affect rights or obligations to custody or child support.

If unmarried parents can make a reasonable parenting plan together, the court will approve their custody agreement and enforce it if necessary. An unmarried father seeking custody without an agreement needs to establish a record of personal stability, interest, and care for the child as soon as possible.

Courts make custody determinations not according to the parent’s gender but in the best interest of the child. In Missouri, the law presumes—unless shown otherwise—that equal parenting time is in the child’s best interest. See RSMo § 452.375(4).

Kansas and Missouri have the same law about jurisdiction—that is, whether the state court can make rules about a child’s custody. The state must be the child’s home state, either on the date of the custody filing or within six months of that time. See K.S.A. § 23-37.201 or RSMo § 452.740.

Both parents have an obligation to financially support the child, even though child support is mainly paid by parents without primary physical custody. Late child support payments cannot affect visitation or custody rights—these are separate issues.

Don’t Go It Alone

Above all else, families need support. Let our legal team help your family secure what it needs to thrive. Contact us at 913-514-0909 to schedule a meeting with us in Kansas or Missouri—we have offices in Shawnee, Leawood, Olathe, Overland Park, and Lee’s Summit.

When you face felony charges or carry a conviction, you know how hard the world can be. Your career, your social life, even your ability to vote—at every turn, you can lose opportunities.

The good news is that as society gradually changes, the laws are changing as well. Jobseekers with felony convictions now have legal protections in many businesses and parts of the US. College education doesn’t have to be out of reach. Even careers in law or medicine can still be on the table, depending on the state you live in and your circumstances.

What are your options in Kansas and Missouri? How do you handle felony charges with an eye toward the best possible future?

Diversion Programs

If you currently face felony charges, you may qualify for diversion programs through the prosecuting attorney’s office, particularly if you have a clean record otherwise.

A defendant who qualifies for diversion in Kansas has to make an agreement with the prosecutor to meet certain obligations, such as counseling, community service, and regular drug testing. If the defendant follows through with their side of the agreement, the state will dismiss the charge.

Missouri prosecutors also have authority to divert many cases. The diversion program may be called a court, such as Adult Drug Court, Mental Health Court, or Veterans’ Court.

Prosecutors may agree to diversion for many low-level felony offenses, particularly:

• DUIs
• Drug offenses
• Domestic violence

Before allowing a diversion, the prosecutor must consider your personal history, including any criminal record and the nature of the felony charge. Many charges cannot qualify—for example, a DUI defendant cannot receive a diversion if the charging incident involved injury or death. The diversion may remain visible on your record, and although it is far preferable to a felony conviction, it may still raise issues.

Expungement

Expungement refers to sealing or erasing a conviction. Each state has different laws regarding expungement or other types of clearance for criminal records. Generally speaking, convictions for severe offenses—such as murder and sex crimes—can never be expunged. Nonetheless, Kansas and Missouri both offer felony expungement options.

In Kansas, expungement law has a long list of requirements and excluded offenses. (See K.S.A. § 22-6614 for details.) You must wait three to five years after completing your sentence, depending on the nature of the offense. You cannot have pending felony charges or any convictions within the past two years. Even so, Kansas expungement law has a slightly broader range than Missouri’s law.

Missouri law forbids expungement for many felonies, including:

• Class A felonies (those that carry sentences of 10 to 30 years)
• Any felony involving a death
• Any felony requiring registration as a sex offender
• “Dangerous felonies,” a defined list including many violent offenses and/or conspiracy to commit them
• Intoxication-related traffic offenses (as well as intoxicated operation of a boat or an aircraft)

See RSMo § 610.140. Missouri allows an individual to expunge only a single felony offense.

After expungement, the conviction will no longer appear on background checks. You may not even have to disclose it to anyone who asks. However, this will depend on who is inquiring and why. You must still disclose it at some points, such as on sensitive job applications and some applications for professional licenses.

Higher Education and Professional Licensing

Not every school will ask about a criminal background. According to the National Conference of State Legislatures, only 55% of public universities and 40% of community colleges asked applicants about criminal records. The Common Application, which serves 900 schools, does not ask the question. However, 81% of private colleges asked, and the answer can negatively affect admissions.

Graduate programs may ask their applicants because certain professional licenses will be difficult to secure with a felony conviction. This is especially true for careers in medicine, law, child care, and other positions of public trust. However, such careers may still be within reach, depending on the offense, your circumstances, and the state you live in.

In general, you must be honest and show that you are now the kind of applicant the profession needs. You should present evidence such as:

• Character references, especially from members of the profession or prominent community members
• Demonstrations of personal growth and changed circumstance, particularly if the felony was long ago
• Completed drug/alcohol rehabilitation programs, if applicable
• Work or volunteer service to your community

Licensing in the trades can be more open, depending again on where you live and what you intend to do. For example, DUIs or felonies involving a vehicle can disqualify an applicant for a commercial driver’s license (CDL) for several years or for good.

Nonetheless, Kansas law holds that, in general, “[a felony] conviction shall not operate as a bar to licensure, certification or registration.” See K.S.A. § 74-120. Missouri law provides that a conviction should not be a bar “unless [it] directly relates to the duties and responsibilities for the licensed occupation as set forth in this section or is violent or sexual in nature.” See RSMo § 324.012.

Let Us Help

Whether you are just now facing charges or have already completed your sentence, we can work with you to navigate your future. Regulations around diversion and expungement can be complex, and you need experienced and compassionate help. Call us at 913-514-0909 to schedule your first appointment in our Kansas or Missouri offices.