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What is Considered Assault and Battery?

In the State of Kansas, assault and battery are two separate crimes despite being closely related. Assault is when a person knowingly or recklessly places another individual in reasonable fear of immediate bodily harm. Battery is defined as knowingly inflicting bodily harm to another person in a reckless manner or physical contact with another person that is done in a rude, insulting, or angry fashion.

What are the Types of Assault and Their Penalties?

Three distinct types of assault are recognized under Kansas law. They are simple assault, aggravated assault, and aggravated assault of a law enforcement officer.

• Simple assault: This form of assault occurs when an individual has a reason to believe that unwanted physical contact is imminent. It is considered a Class C misdemeanor and is punishable by up to 30 days in jail and a $500 fine.
• Aggravated assault: Aggravated assault occurs when a person reasonably fears physical contact and a deadly weapon, such as a knife, gun, etc, has been shown. This form of assault is a Level 7 person felony and is punishable by up to one year in prison and a $100,000 fine.

Aggravated assault of a law enforcement officer: This occurs when a law enforcement officer reasonably fears bodily contact and a deadly weapon, such as a knife, gun, etc, has been shown. It is considered a Level 5 person felony and is punishable by up to three years in prison and a $300,000 fine.

What are the Types of Battery and Their Penalties?

Under Kansas law, two separate types of battery are recognized: simple battery and aggravated battery.

• Simple battery: Simple battery occurs when harm is intentionally caused to another person in a reckless manner. It is considered a Class B misdemeanor and is punishable by up to six months in jail and a $1,000 fine.
• Aggravated battery: This type of battery occurs when great bodily harm is inflicted on another person with intent. Aggravated battery also occurs when bodily harm is inflicted with the use of a deadly weapon, such as a knife, firearm, car, etc. It is considered a Level 4 person felony and is punishable by up to three years in prison and a $300,000 fine.

Imprisonment and other punishments for both aggravated assault and aggravated battery felonies are contingent on prior criminal history and other circumstances of the event. The felony sentencing system in Kansas observes Level 1 as the most serious and Level 10 as the least serious.

Additional punishments for these crimes may include probation, the Community Correctional Services Program, Conservation Camp, house arrest, a work release program, and alcohol and drug counseling.

How Can the Law Work in Your Favor?

Based on the accepted and formal definitions of assault and battery, each element of the definition must be proven, which can be the basis of a defense argument. This means that the keywords “knowingly” or “recklessly” must be established.

For an assault charge, the defendant must “knowingly” place another person in reasonable fear of immediate harm. To act “knowingly” means to be aware that the offending conduct is reasonably certain to cause fear of harm.

For a battery charge, the defendant must “knowingly or recklessly” inflict harm to another person or “knowingly” physically contact another person in a way that is rude, insulting, or angry. To act “recklessly” means to consciously disregard the risks of an action that greatly differs from the way in which a reasonable person would act in a similar situation.

The defense attorneys at Barnds Law LLC will be able to leverage these definitions with the circumstances of a case to the benefit of their client.

What are Common Defenses Used in Assault and Battery Cases?

Several possible defenses exist for assault and battery cases. The appropriate defense will depend on the circumstances of the crime and the knowledge of the defense attorney. Possible defenses include:

• Self-defense: A claim of self-defense can be made if the defendant reasonably believes that force is necessary to protect themselves from imminent danger.
• Defense of others: Similar to self-defense, defense of others can be claimed if the defendant believes force is necessary to protect others from imminent danger
• Consent: If a person voluntarily consents to a particular act, then, in most cases, a crime did not occur. An example of consent in this instance would be a tackle football match in which an injury occurs in a non-malicious way.
• Mistaken identity: This defense is effective if proof is available that the accused individual was not the person who committed the crime.
• False allegations: In instances where the accuser has intent or motive to lie or have inconsistencies in their story, a defendant can benefit.
• Insufficient evidence: This can occur when the prosecution lacks the evidence necessary to prove guilt beyond a reasonable doubt.
• Lack of intent: Lack of intent includes proof that the defendant did not intend to cause fear or bodily harm.
• Lack of a deadly weapon: This defense requires evidence supporting that no deadly weapon was used during the assault or battery.
• No offensive contact: This argument is based on establishing that the contact would not be considered offensive, angry, or rude to a reasonable individual.

Do I Need an Attorney?

If you or a loved one are facing assault and battery charges, you need legal help you can depend on. Call Barnds Law LLC today at 913-270-0505 or fill out a contact form for a consultation.

What is Kansas Guardianship and Who is it For?

A guardian or a conservator is an individual legally appointed by a Kansas family law court to act in the best interests of a child or an impaired individual. The person under the care of the legal guardian is known as the ward. As a guardian, the individual will legally manage their ward’s health, safety, physical welfare, and financial stability. Conversely, a conservator is responsible only for looking after their ward’s financial well-being. In Kansas, a guardian and a conservator can be the same person. In most families, parents have the legal right to maintain a child’s physical and emotional well-being. However, due to unforeseen circumstances like death, child custody disputes, and allegations of neglect, it may become necessary for family law judges to step in and appoint legal guardians to take over.

If a disabled individual or a minor child requires legal protection from harm or imminent danger, a family law judge may deem it necessary to grant guardianship to another adult. Additionally, guardianship may be called upon in situations where both parents or those with custody pass away or in cases of child abandonment. Additionally, if a child does not obtain adequate care because of the parent’s criminal activities, lack of resources, or physical or mental impairment, it may be necessary to grant guardianship to another adult.

What Does Guardianship Do?

When a court appoints a guardian, they grant that person the legal authority to make crucial decisions on behalf of a child or an otherwise impaired adult. The legal guardian becomes the individual responsible for ensuring the child’s physical and emotional needs are being met and looking after their basic needs like housing, clothing, food, and health care. The legal guardian will advocate for their ward and exercise their legal rights when important decisions must be made.

In Kansas, a court-appointed guardian may also be granted the authority to manage the finances and the estate of the minor children or disabled adults. As the guardian, they are entrusted to always act in good faith and in the best interests of their wards.

Who is Eligible to Be a Guardian in Kansas?

In most family law cases, blood relatives and other family members or close family friends are selected to be legal guardians. Kansas courts frequently appoint grandparents, siblings, aunts, uncles, and other close family members as guardians. However, there are certain situations and circumstances where it may not be possible for a family member to act as a legal guardian, in which case a family law judge may have to look elsewhere. The state of Kansas partners with other programs to recruit volunteers willing to act as guardians for impaired adults and minors in need.

The parents are encouraged to name who they want to act as legal guardians for their minor children in their last will and testament. Failure to name a guardian in your will could result in the state making the decision for guardianship on your behalf. If you wish to ensure that the intended individual takes on the responsibility of guardianship, complete a last will and testament naming the designated individual today.

What Are the Different Types of Child Custody?

Kansas has several different types of child custody arrangements. However, there is no such thing as ‘full custody.’

Joint legal custody allows both parties to have some say in the major decisions in their children’s lives. These may include the child’s education, religious upbringing, health care, social activities, and more. With joint legal custody, both parents will have equal access to medical and school records. Kansas courts prefer joint legal custody over sole legal custody.

In cases of sole legal custody, the parents with primary custody do not need to consult with the other parent about important life decisions for their children. While both parents have equal access to school and medical records, the custodial parent is granted more legal rights.

Divided custody refers to a child living with one parent and another child living with the other. Each parent would then have visitation rights with the child in the other parent’s custody. This type of child custody is only used in rare cases.

In short-term circumstances, the courts may order non-parental custody if they believe that parents are unfit to provide care for the child or that the child needs care from a different adult. One example of non-parental custody is to grant a guardian or a grandparent custody of a child.

How is Child Custody Affected by Guardianship?

If parents have custodial relationships with their children, family law courts are unlikely to appoint a legal guardian. However, a court may deem it necessary to appoint a guardian if they believe doing so is in the child’s best interest. One exception to the rule is if a custodial parent becomes incapacitated. In such cases, the appointment of a legal guardian may become necessary.

What Legal Decision-Making Authority Do Guardians Have?

Child custody usually relates to either physical custody or legal custody of a minor child, and guardianship generally relates to the legal relationship of one party to act in the best interest of their ward. Guardians are typically entrusted only to control the day-to-day life decisions of the minor child.

Does Guardianship Override Parental Rights?

The mere fact that a minor child has a legal guardian does not mean that the parents have no parental rights. After the courts appoint a guardian, a custodial parent may still continue to have child custody rights. Even in cases where the parents do not have physical or legal custody, they may have a court order that grants them the ability to visit with their child.

Is Guardianship Temporary?

Parenthood is a permanent status unless parental rights are terminated. Guardianship, on the other hand, is temporary. Court orders begin and end guardianship, and in some cases, it may even have an expiration date.

Schedule a Strategy Session with Our Family Law Attorneys Today

Guardianship is a complex legal matter. If you feel that a guardian is challenging your parental rights, or if you are the guardian looking out for the best interests of a child in need of adult supervision and care, it is important that you retain professional legal counsel from experienced family law attorneys. Our Kansas-based law firm has extensive experience representing clients in complicated family law cases, including those involving child custody and guardianship disputes. To learn more about our legal services, we encourage prospective new clients to schedule an initial consultation with our legal team today.

You can schedule your strategy session by calling us at 913-514-0909.

What is Alimony?

Following a divorce, a family law judge may award alimony to one of the spouses. Alimony, also known as spousal support or spousal maintenance, allows both ex-spouses to maintain a certain standard of living that they had previously enjoyed during the course of their marriage. The goal of alimony payments is to help aid the spouse who earns less money to obtain financial independence. There are a few different types of alimony in Kansas, including temporary alimony, short-term alimony, and long-term alimony. Alimony may be paid either in a lump sum payment, periodically or during monthly payments, or a percentage is taken out of the paying spouse’s earnings.

Historically, men made up the majority of the spouses paying alimony. But now, more women are in the workforce, and sometimes women make more than men. Either individual, regardless of gender, may petition the court for alimony payments. Similarly, spousal support payments can be awarded in same-sex marriages.

It is possible to avoid paying alimony if you can prove that your ex-spouse does not require financial support to maintain a standard of living. For legal assistance in your divorce proceedings and alimony negotiations, please get in touch with our law firm to schedule an in-depth case evaluation today.

Is Alimony Automatic in Kansas?

Alimony is not automatic in a divorce case. Several factors must be weighed to determine the necessity of alimony payments.

If you believe that your spouse should not get alimony or that you do not have the funds necessary to provide it, contact our law firm for legal assistance.

How is Alimony Determined and Calculated in Kansas?

Alimony awards are calculated based on what a family law judge deems to be fair, just, and equitable. Unlike other states, Kansas does not have specific laws or methods for calculating what is a fair alimony agreement. Each family law court has the discretion to determine on its own what it believes to be equitable and will review several different factors, such as the financial resources of either spouse, to determine how much alimony should be awarded.

What Factors May Affect Alimony Awards?

Kansas does not have specific statutes outlining what family law judges should review to determine alimony payments in divorce cases. However, certain common factors are reviewed in most cases.

These may include:

• A spouse’s contribution to the education or career of the other spouse during the course of the marriage
• Child support or child custody obligations
• Either spouse’s contributions to marital property and the marriage at whole
• Family ties
• Special needs
• Standards of living enjoyed by each spouse during the marriage
• The age of each spouse
• The conduct of the spouses during marriage
• The independent separate financial resources of either spouse
• The length of the marriage
• The number of years that a spouse has been absent from the job market and the reason for this absence
• The personal property owned by either spouse
• The physical and mental health of either spouse
• The present and future earning capacity of the spouses
• The question of whether the paying spouse is able to meet their own needs and also pay financial support
• The time and ability required by either spouse to secure training or education required to obtain future employment

Does the Length of a Marriage Affect Alimony Payments?

In addition to affecting the division of property during a divorce case, the length of a marriage it may also influence the court’s decisions when determining spousal support or alimony. When determining the amount of alimony and the duration of alimony payments, a court will likely look at the length of the marriage and the historic economic disparity between the spouses during the marriage.

In long-term marriages, especially those characterized by economic disparity between the spouses, family law courts are more likely to order the wealthier spouse to pay alimony to the lesser-earning spouse for a certain period of time. In most cases, the longer the marriage, the longer the duration of alimony awarded.

In mid-length marriages, alimony may be awarded. However, the alimony award will likely be limited in duration. Alimony awards are less likely to be awarded in short-term marriages. However, when appropriate, a family law judge may deem it necessary for the higher-income spouse to provide spousal maintenance to the lower-income spouse for a short period.

What is the Maximum Length of Alimony?

In Kansas, there is a maximum length of time for alimony payments to continue. The longest time that alimony payments can be awarded is 121 months in Kansas. Once the 121 months have passed, the supported spouse may file for a reinstatement of alimony. If the court awards the reinstatement of alimony, the reinstatement cannot last for another 121 months.

However, if the spouses agree to terms for alimony payments together, they may develop different guidelines for spousal support, including going past the 121-month limitation.

Do You Need the Legal Representation of an Attorney?

If you are going through a divorce, it is highly recommended that you work with experienced divorce and alimony attorneys for experienced legal counsel. Without legal representation, you run the risk of the lawyers for the other side taking advantage of your position and you facing an unfortunate divorce settlement.

Our law firm is experienced in Kansas family law and can help you seek the most satisfactory outcome for your divorce case. This may include negotiations for more suitable alimony payments for either yourself or your soon-to-be ex-spouse. To learn more about our legal services, don’t hesitate to get in touch with our law office to schedule your initial consultation today.

Schedule a Strategy Session with Our Alimony Lawyers Today

Barnds Law is a Kansas-based law firm dedicated to providing compassionate and aggressive legal representation to our clients. If you have been married for a long time, you are more likely to need to provide alimony payments from one spouse to the other. As your legal representatives, our lawyers can help negotiate better terms in the alimony Agreement.

To learn more about how we may assist you during this difficult time, please contact our law offices to schedule an in-depth strategy session with our attorneys today. You may contact us at 913-514-0909.

How Does International Adoption Work?

Adoption can be a great and magical way to build a family. However, the adoption process can be complicated, lengthy, and costly. Thankfully, there are several options for hopeful adoptive parents seeking to bring children into their lives. In addition to domestic adoption, several consider international adoption as a means to adopt a child. But how does international adoption work? And what of the legal challenges?

International adoption allows you to adopt a child from another country through permanent legal ways and bring that child to your country to live with you on a permanent basis. After adopting a child, you will need to take care of various post-adoption requirements. Such requirements may include acquiring United States citizenship for your adoptive child, submitting post-placement reports, and complying with all reporting requirements.

For legal assistance with the international adoption process, it is highly recommended that you work with an attorney experienced in the practice area. Please contact our law firm for legal guidance throughout the international adoption process.

What is the Hague Convention?

International adoption, which is also known as intercountry adoption, can be accomplished in multiple ways. Perhaps the most common means for international adoptions is via the Hague Adoption Convention. This convention refers to an international treaty that ensures the protection of all parties involved in the international adoption process. Protected parties include the adopted child, their birth parents, and any adoptive parents.

In early 2008, the United States of America partnered with other countries to implement The Hague Convention process. According to the procedure, participating countries decide on an official central authority for the process. In the United States, the Department of State has the purpose of acting as the official central authority.

The Hague Convention and Protection of Children and Cooperation and Respect of Intercountry Adoption looks to protect children and their fundamental rights, as well as prevent the exploitation of children and the trafficking of children.

For countries that have signed on to The Hague Convention, there are a set of standards and procedures for international adoptions. The United States strictly adheres to Hague Convention standards for any adoption occurring between the US and any other signatory country.

What Are the Eligibility Criteria for Adoptive Parents in Kansas?

Each state across the nation has different requirements for parents hoping to adopt a child. Domestic adoption requirements will vary depending on where you live. International adoptions have many of the same similar requirements as most domestic adoptions, including marital status, age, income and financial assets, criminal background checks, and stability of home environment. However, certain countries may have additional requirements. For example, LGBTQ married couples may not be permitted to adopt a child from a country where LGBTQ people do not have the same equal rights.

In general, the international adoption requirements include the following:

• You must be a U.S. citizen
• Married couples must adopt their child unanimously
• Unmarried couples and individuals must be at least 25 years old to adopt a child
• Biometrics such as fingerprinting must be completed
• There must be a home study and criminal history checks

What is the Importance of International Adoption Agencies?

An international adoption agency will be the most important partner in your corner throughout the complicated adoption process. Choosing an international adoption agency in Kansas could very well be one of your first decisions in the official process of adopting a child from another country.

When looking for an agency to assist you throughout the process, it is important that you find agencies with notable experience, honesty about fees, availability outside of typical business hours, risk protection programs, and caseloads that are not overbearing for each individual social worker.

A few of the international adoption agencies worth considering in Kansas include American World Adoption, Christian Family Services, and Holt International.

How to Prepare for the International Adoption Process?

Before beginning the process, it is wise to prepare yourself. Getting a head start on legal matters and other concerns could be the difference between a successful adoption and a failed attempt.

Plan for financial obligations, including how you are going to cover the costs of the international adoption. Additionally, consider building a support network. They say it takes a village to raise a child, and whether or not you believe that, you better believe that you can’t do it on your own. Finally, educate yourself on what it might take to raise a transcultural family.

What Are Some of the Challenges of International Adoption?

There are several challenges, both legal and otherwise, that hopeful parents may face when going through the international adoption process.

First, it is important for you to understand that you will likely not be able to adopt a newborn child. Those looking to adopt newborns may be better suited to considering domestic adoption options.

Depending on where you are adopting the child from, it is possible that you may not receive much, if any, information about the child prior to the adoption. Information that you may be missing out on could include information about the child’s parents, family history, and medical history.

One of the requirements to successfully complete an international adoption is that you will need to travel to the country you’re adopting from. This not only adds an expense, but it adds time and other complications to the adoption.

Some countries have specific guidelines that are strict and may restrict your ability to adopt a child from that country. For example, certain nations require adoptive parents to live in the United States for a certain period before finalizing the adoption, other countries have age restrictions, and some countries do not allow single parents or LGBTQ couples to adopt.

Institutional issues are also a concern. If your foreign-born child was placed into an institution, it is important that you be prepared for potential consequences, such as developmental delays, emotional trauma, and attachment issues.

Finally, it is worth remembering that many children from other countries may have special health needs. From mental health concerns to cleft palates, there may be additional medical issues that you need to be aware of when adopting a child from another country.

International adoptions may have additional legal concerns that are not present in domestic adoptions. For example, each country will have particular requirements and adoption laws. Additionally, within that country, there may be different provinces or regions that have their own adoption laws. Your international adoption must follow all laws.

Schedule a Consultation with Our Law Firm to Discuss International Adoptions Today

The question of whether or not international adoption is right for you and your family comes down to a case-by-case basis depending on your individual needs and family goals. International adoptions can take longer, cost more, and be more legally complex than domestic adoptions, but they can be just as rewarding. For more information about the international adoption process, it is highly recommended that you retain professional legal counsel from an experienced attorney. Our legal team has extensive experience representing clients in international adoptions, and we would be proud to represent your interests as you hope to build a family here in the United States.

To learn more about our legal services, please contact our law office to schedule a case evaluation today. You can reach us at 913-514-0909
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What Steps Should I Take to Improve My Chances of Winning Child Custody?

Understanding Kansas law is the initial step to improving your chances of obtaining child custody. In Kansas, the court focuses on the child’s best interest, considering multiple factors to determine the living arrangement that would most benefit the child’s physical, emotional, and mental well-being.

How Can I Demonstrate My Parenting Skills in Court?

Demonstrating your parenting skills in court is a vital part of the custody battle. You can do this by providing evidence of your involvement in your child’s life. This could include photos, videos, or testimonies from teachers, coaches, or other individuals who can vouch for your active participation in your child’s activities and education.

Can My Behavior Outside of Court Impact My Chances of Winning Custody?

Yes, your behavior outside of court can significantly impact your chances of winning custody. The court will consider your conduct and lifestyle when determining what is in the best interest of the child. This includes your behavior towards the child, the other parent, and even your social media activity.

What Role Does Child Support Play in Custody Decisions?

In Kansas, child support and custody are two separate issues. However, they are often interconnected. The court will consider the financial stability of each parent when making custody decisions. If you can demonstrate that you are financially capable of supporting your child, it can enhance your chances of winning custody.

What If the Other Parent Is Unfit?

If you believe the other parent is unfit, it’s crucial to provide evidence to support your claim. This could include instances of neglect, abuse, or any behavior that could potentially harm the child. In Kansas, the court takes allegations of unfit parenting very seriously and will investigate these claims thoroughly.

How Can I Prepare for the Child Custody Hearing?

Preparation is key when it comes to a child custody hearing. Start by familiarizing yourself with Kansas child custody laws and understanding what factors the court will consider. This includes the child’s wishes (if they are of a certain age), the child’s relationship with each parent, each parent’s ability to provide for the child, and more.

How Does the Child’s Preference Impact Custody Decisions?

In Kansas, the court may consider the child’s preference when making custody decisions, depending on the child’s age and maturity level. However, the child’s preference is just one of many factors the court will consider. The court will always prioritize the child’s best interest over their stated preference.

Can I Modify a Child Custody Order in Kansas?

Yes, you can request a modification of a child custody order in Kansas. However, you must demonstrate that there has been a significant change in circumstances since the original order was issued, and that a modification is in the best interest of the child.

How Can an Experienced Attorney Help Me Win Custody?

An experienced attorney can be instrumental in helping you navigate the complex legal landscape of child custody. They can provide guidance on how to present your case effectively, help you gather necessary evidence, and represent you in court.

What Should I Do if the Other Parent Violates the Custody Agreement?

If the other parent violates the custody agreement, it’s important to document each violation. This could include instances where the other parent fails to pick up or return the child at the agreed-upon time, denies you your visitation rights, or makes important decisions about the child without consulting you.

Can Grandparents or Other Relatives Win Custody?

In Kansas, grandparents or other relatives can seek custody of a child under certain circumstances. This is typically considered when both parents are deemed unfit or unable to care for the child. However, the court will always prioritize the child’s best interest when making these decisions.

What Should I Do if I’m Facing a Child Custody Battle?

If you’re facing a child custody battle, it’s crucial to seek legal counsel. An experienced attorney can guide you through the process, provide valuable advice, and represent your best interests in court. Remember, the court’s primary concern is the best interest of the child, and an attorney can help you demonstrate that your child’s best interest aligns with your custody request.

What If I Need to Relocate With My Child?

If you need to relocate with your child, you must notify the other parent and the court. In Kansas, the court will consider the reason for the move, the distance, and how the move will impact the child’s relationship with the other parent.

What Role Does Communication Play in Child Custody Cases?

Communication plays a significant role in child custody cases. The court will consider your ability to communicate effectively and respectfully with the other parent. This is because co-parenting often requires a high level of communication. You need to be able to discuss issues related to your child’s education, health, and general well-being.

Winning a child custody battle in Kansas requires a thorough understanding of Kansas law, strong evidence of your parenting skills, and a commitment to providing a stable and nurturing environment for your child. If you’re facing a child custody dispute, call Barnds Law LLC today at 913-514-0909 for a consultation.

What Should I Do if My Child Support Payments are Late?

If you’re dealing with late child support payments, take immediate legal action. In Kansas, child support is a legal obligation, and failure to meet this obligation can lead to severe consequences. The first step is to document the missed payments. Keep a record of all payments received and those that are late or missing. This documentation will be crucial when presenting your case to the court.

What Should I Do if the Non-Paying Parent is Not in Kansas?

If the non-paying parent lives outside of Kansas, enforcing a child support order can be more complicated. However, Kansas is part of the Uniform Interstate Family Support Act (UIFSA), which allows for enforcement of child support orders across state lines.

What Should I Do if I’m Unable to Locate the Non-Paying Parent?

If you’re unable to locate the non-paying parent, the Kansas Department for Children and Families can assist in locating them. They have access to various resources, including state and federal parent locator services, which can help find the non-paying parent and enforce the child support order.

What Are the Steps to Take Legal Action for Late Child Support Payments?

Taking legal action for late child support payments involves several crucial steps. The first step is to officially document the delinquency. This involves compiling a detailed record of all missed and late payments, which serves as evidence in legal proceedings. Next, you should file a formal complaint or motion with the family court that originally issued the child support order. This legal filing should request the court to enforce the order or to consider penalties for the non-payment.
Once the motion is filed, the court may schedule a hearing to address the issue. During this hearing, you can present your evidence of the late payments and the impact of the non-payment on your financial situation and the well-being of the child. The court may then decide to enforce the order through various means such as wage garnishment, seizing of tax refunds, or even suspension of the non-paying parent’s driver’s license.
Consider having legal representation during these proceedings. An attorney who specializes in family law can help you navigate the complexities of the legal system, prepare your case, and advocate on your behalf. They can also assist in negotiating any possible settlements or payment plans with the other party, under the supervision of the court, to ensure consistent future payments.

What Legal Consequences Can Occur if Child Support Payments are Late?

In Kansas, the law takes child support obligations very seriously. If payments are consistently late or missed entirely, the non-paying parent can face significant legal consequences. These can include fines, wage garnishment, and even jail time in severe cases.

What Should I Do if I’m Facing Legal Consequences for Late Child Support Payments?

If you’re facing legal consequences for late child support payments, take immediate action. The first step is to contact an experienced attorney who can guide you through the process and represent your interests. They can help you understand the potential consequences and explore your options, including requesting a modification of the child support order.

Can a Parent Modify a Child Support Order if They Are Unable to Pay?

Yes, under Kansas law, a parent can request a modification of a child support order if they’re unable to meet their current obligations. This is typically due to a significant change in circumstances, such as a job loss, a decrease in income, or an increase in the needs of the child.

What Should I Do if the Non-Paying Parent is Unemployed?

If the non-paying parent is unemployed, they’re still obligated to pay child support in Kansas. The court can impute income to the non-paying parent, which means they assume the parent could be earning a certain amount based on their previous employment, skills, and the local job market.

How Can an Experienced Attorney Help with Late Child Support Payments?

An experienced attorney can help you understand your rights and obligations under Kansas law, guide you through the legal process, and represent your interests in court.

What Should I Do if My Child Support Case Involves Domestic Violence?

If your child support case involves domestic violence, prioritize your safety and the safety of your child. In Kansas, the Department for Children and Families (DCF) has provisions to ensure the safety of parents and children in such situations. They can help you apply for child support without disclosing your address or other identifying information to the non-custodial parent.

What Should I Do if I’m Not the Biological Parent but I’m Being Asked to Pay Child Support?

In Kansas, a person can be required to pay child support even if they’re not the biological parent. This can occur if you were married to the child’s mother at the time of birth, if you’ve acknowledged paternity, or if you’ve acted as the child’s parent and developed a significant relationship with them.

Can I Deny Visitation Rights if Child Support Payments are Late?

In Kansas, child support and visitation rights are considered separate issues. This means that even if child support payments are late or missing, the non-custodial parent still has the right to visitation as outlined in the custody agreement. Denying visitation rights because of late child support payments can lead to legal consequences.

Call Barnds Law LLC at 913-514-0909 for a consultation.

How Does DNA Testing Work in Paternity Disputes?

DNA testing, also known as genetic testing, is a scientific method used to determine biological relationships. In the context of paternity disputes, it is used to establish whether a man is the biological father of a child. The process involves collecting and examining the DNA of the alleged father and the child.

The DNA samples are usually collected through a simple and painless procedure called a buccal swab. This involves swabbing the inside of the person’s cheek to collect cells that contain DNA. The samples are then sent to a laboratory where they are analyzed.

The DNA of the alleged father and the child are compared to see if they share a significant amount of genetic material. If the DNA matches at certain points, it is highly likely that the man is the biological father. If the DNA does not match, the man is excluded as the biological father.

What Are the Steps to Request a DNA Test in Kansas?

The process of requesting a DNA test in Kansas is straightforward. The first step is to file a Petition to Determine Paternity with the district court in the county where the child resides. This petition can be filed by the mother, the alleged father, the child, or even the state if the child is receiving public assistance.

Once the petition is filed, the court will schedule a hearing, where the judge will review the case and possibly order a DNA test. The court will provide instructions on where and when the DNA samples should be collected.

After the DNA samples are collected and analyzed, the results are sent to the court. The judge will then review the results and make a determination of paternity. If the DNA test results indicate a 97% or greater probability of paternity, the court will generally presume the tested man to be the biological father.

Can a DNA Test Be Requested After a Paternity Judgment in Kansas?

In Kansas, it is possible to request a DNA test after a paternity judgment has been made, but there are specific conditions that must be met. According to Kansas law, a man who has been declared the legal father of a child can challenge the paternity judgment within one year of the judgment being entered if he can show that the judgment was based on fraud, duress, or material mistake of fact.

In such cases, the court may order a DNA test to determine biological paternity. A DNA test indicating a man is not the biological father may not necessarily change the court’s original paternity ruling if maintaining it serves the child’s best interests.

What Are the Legal Rights and Responsibilities After a DNA Test?

Once paternity is established through DNA testing, the biological father gains certain legal rights and responsibilities. These include the right to pursue custody or visitation, the obligation to pay child support, and the right to participate in significant decisions impacting the child’s life, including education, healthcare, and religious upbringing.

In Kansas, the court evaluates various factors to decide on custody and visitation rights. These factors include the child’s bond with each parent, their adaptation to home, school, and community, and each parent’s willingness to foster the child’s relationship with the other parent.
While establishing paternity gives a father legal rights, it does not automatically grant custody or visitation rights. These must be determined by the court, always with the child’s best interests in mind.

What Happens If the Alleged Father Is Not the Biological Father?

In Kansas, if DNA testing reveals that the alleged father is not the biological father, he is typically relieved of any legal responsibilities towards the child. This means he would not be obligated to pay child support or have any legal rights to custody or visitation.

However, there are exceptions to this rule. For instance, if the man has acted as the child’s father and has established a strong emotional bond with the child, the court may consider him to be the child’s psychological or de facto father. In such cases, the court may decide that it is in the best interest of the child for the man to continue to have rights and responsibilities, even if he is not the biological father.

What Are the Costs of a DNA Test in Kansas?

The cost of a DNA test in Kansas can vary depending on the type of test and the laboratory that performs it. Home paternity test kits are not admissible in court. A legal DNA test, which can be used in court, typically costs between $300 and $500. This includes the cost of sample collection, laboratory analysis, and the preparation of the test report.

If a DNA test is court-ordered, the court may decide who is responsible for paying the cost of the test. In some cases, the cost may be split between the parties or paid entirely by one party.

How Can an Experienced Attorney Help in Paternity Disputes?

Navigating a paternity dispute can be a challenging and emotionally charged process. An experienced attorney can provide invaluable assistance by guiding you through the legal process, explaining your rights and options, and advocating for your interests.

An attorney can help you understand the implications of DNA testing, assist with the collection and submission of DNA samples, and represent you in court if the test results are contested. They can also help you understand how the establishment of paternity can impact child support and custody arrangements and ensure that your rights are protected throughout the process. They can help you navigate the complexities of the legal system and work towards a resolution that is in the best interests of you and your child.

If you are involved in a paternity dispute, call Barnds Law LLC today at 913-514-0909 for a consultation.

How Can a Solid Defense Strategy Against Kansas Traffic Violations Be Beneficial?

Driving is an integral part of many people’s lives that is often taken for granted. Maintaining driving privileges can allow individuals to work, sustain ties with family and friends, and ensure their children can attend school and other important activities. Being charged with a traffic violation can create serious issues legally, financially, and socially. In some situations, mounting a strong defense against these charges can be essential to protecting your freedom and ensuring your continued ability to go about your daily life.

Traffic violations in Kansas range from minor infractions to serious criminal offenses, each presenting unique challenges for defendants and their attorneys. Understanding the types of violations, potential consequences, defense strategies, and the importance of legal representation is crucial for anyone facing traffic-related charges in the state. By consulting a helpful criminal defense attorney, you can receive personalized guidance on how to best approach your case.

What Types of Traffic Violations Can You Be Charged With in Kansas?

Kansas categorizes traffic violations into three main types: infractions, misdemeanors, and felonies. Infractions are the least severe and include offenses such as improper lane changes, speeding, and failure to signal. According to K.S.A. 8-2118, these infractions typically result in fines, the possibility of increased insurance premiums, and, in some cases, points on the driver’s record.

Misdemeanors are more serious offenses, such as reckless driving and first or second-offense DUI. Misdemeanors can result in jail time of up to one year, a maximum fine of $2,500, and potential license suspension. Felony traffic violations, including third and subsequent DUI offenses and vehicular manslaughter, carry the most severe penalties. The ramifications of a felony conviction may include long-term imprisonment, substantial fines, and a permanent criminal record that can affect employment opportunities and other aspects of your life.

Additionally, Kansas uses a system of recording moving violations against a driver’s record. If too many violations accumulate, it may result in license suspension or revocation. It’s important to note that some offenses, such as those occurring in construction zones, may result in doubled fines. In all cases, taking prompt action to address the charges is key. Ignoring a traffic citation can lead to additional penalties, including license suspension and even arrest warrants.

What Difficulties Can You Face if You Choose to Fight a Traffic Violation?

One of the primary legal challenges in traffic violation defense in Kansas is the strict liability nature of many infractions. The offender’s intent is not considered for these violations, making it difficult to argue against the violation itself. For example, whether you were speeding intentionally or simply failed to notice your speed is irrelevant. As long as the prosecution can prove you were driving above the speed limit, it can be enough to secure a conviction. Due to this factor, defenses often focus on procedural errors, the reliability of the presented evidence, or mitigating circumstances.

For misdemeanors and felonies, the consequences of a conviction are more substantial, and the stakes for the defendant are higher. These cases can quickly become complex and require a robust defense plan. A defense attorney can evaluate the evidence and ensure your rights were not violated during the traffic stop or arrest and that all evidence was properly obtained. The variability in traffic laws across different jurisdictions within Kansas can also complicate defense strategies, requiring attorneys to be well-versed in local rules and procedures.

Is it Possible to Successfully Defend Yourself Against a Traffic Violation Charge?

Defending against traffic violations in Kansas can be challenging but not impossible. A robust defense may involve various strategies depending on the nature and severity of the offense. For minor infractions, common defenses include challenging the accuracy of the officer’s observations or the equipment used, such as radar guns for speeding tickets. Drivers may also be able to complete a defensive driving course following a minor infraction to reduce fines and points on their record. However, this varies by jurisdiction and should be confirmed with the court.

In cases of more serious offenses like DUIs, defense strategies might involve questioning the legality of the traffic stop, the accuracy of field sobriety or breathalyzer tests, or the handling of evidence. For reckless driving or vehicular manslaughter charges, an attorney may argue that the defendant’s actions did not meet the legal definition of recklessness or that external factors contributed to the incident. In some cases, an attorney may be able to negotiate with prosecutors to reduce charges or penalties, especially for first-time offenders or in cases where evidence is weak.

How Can Our Firm Assist if You Have Been Charged with a Traffic Violation?

Any criminal conviction has the potential to cause adverse outcomes in your life. Understanding the potential consequences of your case and your legal options for defense can be vital to making an informed decision about your next steps. Seeking the assistance of a knowledgeable defense attorney can be highly beneficial, especially for more severe traffic violations. When facing serious traffic-related offenses, retaining experienced legal counsel who can challenge evidence, cross-examine witnesses, and present a compelling defense can sometimes be the difference between a conviction and an acquittal or reduced sentence.

At Barnds Law LLC, our skilled attorneys understand the nuances of Kansas traffic laws and can identify weaknesses in the prosecution’s case. Additionally, our knowledgeable attorneys can help you navigate the administrative aspects of traffic violations, such as dealing with license suspensions or revocations. We take pride in providing personalized, compassionate representation for our clients. We will fight tirelessly for the best possible outcome in your case, whether that’s a reduction in penalties, a dismissal of charges, or a favorable plea agreement. To schedule a no-obligation strategy session, contact our Overland Park office today at 913-514-0909.

What is Entrapment and How Can it Be Used As a Criminal Defense?

Entrapment is a legal defense used in criminal cases that posits that law enforcement officials induced or coerced the defendant to commit a crime they would not have otherwise committed. This defense is rooted in the principle that the government should not be allowed to manufacture crime. In Kansas, as in other jurisdictions, entrapment is recognized as an affirmative defense, meaning the defendant bears the burden of proving that entrapment occurred.

While entrapment can be a critical element of a comprehensive defense strategy, gathering the necessary evidence and presenting a compelling argument to the judge or jury requires extensive legal knowledge. You should always carefully weigh your defense options with the help of a legal advisor. An experienced Kansas criminal defense attorney can evaluate your case to determine whether a public officer improperly influenced you to commit the crime in question and if an entrapment defense could be beneficial.

What Are Examples of Entrapment?

Entrapment occurs when a government agent, such as a police officer, uses coercion, threats, harassment, or fraud to induce someone to commit a crime. The key element is that the defendant would not have committed the crime but for the actions of the government agent. For instance, if an undercover officer threatens a person with harm unless they sell drugs, this could be considered entrapment. Similarly, if an officer repeatedly harasses a store manager to falsify financial records under the guise of needing money for their children, this could also be entrapment.

Entrapment by estoppel is another variety of entrapment that may be used as a legal defense in certain criminal cases. Unlike regular entrapment, entrapment by estoppel focuses on the actions of government officials rather than the defendant’s predisposition to commit a crime. Entrapment by estoppel occurs when a defendant reasonably relies on the advice or assurances of a government official that certain conduct is legal. The defendant then engages in that conduct in good faith, only to be prosecuted. However, the burden is on the defendant to provide conclusive evidence, such as letters, texts, emails, or other communications, that shows entrapment by estoppel occurred.

What Do Kansas’ Statutes Say About Entrapment?

Under K.S.A § 21-5208, entrapment is defined as inducing or persuading someone to commit a crime they were not predisposed to commit. The Kansas Supreme Court has held that entrapment occurs when law enforcement officials implant the idea of committing a crime in the mind of an innocent person and then induce them to commit the crime to prosecute them.

For entrapment to be a valid defense, the defendant must show that the government’s conduct created a high risk that the crime would be committed and that the perpetrator was not otherwise ready to commit it. A public officer merely providing an opportunity to commit a crime is insufficient for an entrapment defense. Instead, there must be clear evidence of coercion or undue persuasion by law enforcement or other government officials.

Why May it Be Difficult to Prove Entrapment Successfully?

Defendants in Kansas may face several challenges when asserting an entrapment defense. First, they must admit to committing the crime, which can be a significant risk. By admitting to the crime, the defendant places themselves at the mercy of the court’s interpretation of the entrapment claim. Second, the defendant must prove by a preponderance of the evidence that the government’s actions were the primary cause of the crime. Proving this point often involves collecting substantial evidence to demonstrate the extent of the government’s coercion or inducement.

Another challenge is the subjective nature of the entrapment defense. Courts often consider the defendant’s predisposition to commit the crime. If it appears the defendant had a prior inclination or readiness to commit the crime, the entrapment defense is less likely to succeed. This subjective standard can be difficult to overcome, as it requires the defense to show that the defendant was not predisposed to commit the crime under any circumstances prior to their interaction with the government agent.

Why Is Consulting With an Attorney Recommended if You Are Considering an Entrapment Defense?

Given the complexities and challenges associated with the entrapment defense, it is crucial for defendants to enlist the assistance of an experienced defense lawyer. A skilled attorney can help gather the necessary evidence, such as recordings of interactions with law enforcement or testimony from witnesses, to support the entrapment claim. They can also effectively cross-examine law enforcement officials during a trial to expose any improper conduct or coercion that led to the commission of the crime.

An experienced lawyer can also help mitigate the risks associated with admitting to the crime. They can negotiate with prosecutors to potentially reduce charges or seek alternative resolutions that do not involve a full admission of guilt. Your attorney can also navigate your case’s legal requirements and deadlines and present a convincing argument to the court.

How Can Our Law Firm Assist You?

Entrapment is a recognized defense in Kansas criminal law, designed to protect individuals from being coerced or induced by government agents into committing crimes they would not have otherwise committed. While the defense can be challenging to prove, it serves as an essential check on law enforcement practices. Defendants must demonstrate that the government’s actions were the primary cause of the crime and that they were not predisposed to commit it.

Successfully asserting this defense typically requires careful legal strategy and considerable evidence. The assistance of a skilled attorney is indispensable in ensuring the entrapment claim is effectively explained to the court and your rights are protected throughout the legal process. If you have been charged with a crime and believe you may have an entrapment defense, contact Barnds Law LLC today at 913-514-0909 and schedule a strategy session with a knowledgeable criminal defense attorney.