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How Can Mediation Be Used to Manage Family Disputes?

Mediation can play a crucial role in resolving family disputes in Kansas, offering a structured yet flexible approach to addressing conflicts without resorting to traditional litigation. This alternative dispute resolution process involves a neutral third party, known as a mediator, who assists the disputing parties in reaching a mutually acceptable agreement. Mediation may provide a less adversarial and more cost-effective means of resolving the highly emotional legal issues that can occur within families while preserving essential relationships and ties. An experienced family law attorney can explain the mediation process and help you determine if it could be a beneficial resolution strategy in your case.

What is Mediation?

In Kansas, mediation is governed by specific statutes and court rules that outline its application and procedures. According to the Kansas Family Law Code (K.S.A. 5-502(f)), mediation is defined as the process by which an impartial mediator helps the parties identify issues, reduce misunderstandings, clarify priorities, explore areas of compromise, and find points of agreement. The mediator does not make decisions for the parties but facilitates discussions to help them reach their own agreements. This process is confidential, and any statements made during mediation are protected by privilege, with certain exceptions, such as threats of violence.

Mediation sessions can occur over a single day or span multiple sessions over several months, depending on the complexity of the case and the parties’ ability to reach a resolution. If an agreement is reached, the mediator may assist in drafting a written settlement agreement outlining the terms the parties agreed upon. This document can then be submitted to the court for approval. If the parties cannot reach an agreement on all topics or choose to end mediation, the case may proceed to litigation in court.

When Can Mediation Be Helpful in Family Law Cases?

When legal issues arise between family members, emotions may flare, and the situation can escalate rapidly. By addressing these complicated cases with the help of a mediator, you may be able to find common ground and avoid lasting damage to your family structure. Almost any topic of disagreement can be addressed during mediation sessions, but the following are some of the most common situations where mediation could prove particularly beneficial.

Divorce

By their nature, divorces are often painful and contentious. One of the primary benefits of mediation in divorce proceedings is its ability to reduce the emotional and financial strain typically associated with litigation. Mediation allows couples to negotiate terms related to child custody, support, parenting time, property division, and spousal support in a private and informal setting. Handling these issues through mediated discussions can lead to more amicable resolutions and allow the parties to maintain respectful relationships, which is particularly important when children are involved. Additionally, mediation is generally quicker and less expensive than going to court, as it avoids the lengthy and costly process of preparing for, scheduling, and attending a trial.

Custody Disputes

Custody disputes are another area where mediation can be highly effective. The Kansas statutes specifically allow for court-ordered mediation in child custody cases, emphasizing the importance of resolving these disputes outside the courtroom whenever possible. Mediation provides a platform for parents to discuss and agree on custody arrangements and parenting plans that are in the best interests of their children. This collaborative approach can help parents maintain a cooperative relationship, which is essential for effective co-parenting. Moreover, mediation can offer creative solutions tailored to the family’s unique needs, which might not be possible in a court ruling.

Guardianship Cases

Guardianship cases can lead to uncomfortable disputes between family members. It can be challenging to balance the potential ward’s wishes and rights to autonomy in their decision-making with the need to protect them from harm. These difficult cases can benefit from mediation, as it provides a way to address the concerns of all parties involved, including the proposed guardian, the ward, and other family members.

Mediation can help clarify the roles and responsibilities of the guardian, address any objections or concerns, and ensure that the ward’s best interests are prioritized. A mediator can also guide families in exploring alternative solutions to guardianship. Utilizing other legal strategies, such as drafting a power of attorney to allow someone to oversee the individual’s finances or setting up a voluntary conservatorship, could allow the proposed ward to retain more control over their life. Working together in a cooperative decision-making process can reduce or eliminate the need for court proceedings and promote a more harmonious resolution that respects the wishes and needs of all parties involved.

How Can a Skilled Attorney Assist You During the Mediation Process?

An experienced family law attorney can significantly help facilitate a successful mediation. Parties are encouraged, but not required, to have legal representation during the mediation process. Attorneys who are trained mediators bring a deep understanding of family law and the court system, which can be vital in guiding the parties through the complexities of their disputes. A knowledgeable lawyer can help prepare clients for mediation by gathering necessary documentation, clarifying legal terms, and advising on potential outcomes. During mediation, your attorney can offer support and ensure your rights and interests are protected. While the mediator remains neutral, having an attorney present can help balance power dynamics and ensure that agreements are fair and legally sound.

How Can Our Law Firm Serve You?

Family disputes can be incredibly stressful and agonizing. Our compassionate legal team at Barnds Law LLC is dedicated to finding tailored solutions to help clients resolve these challenging conflicts in the most effective manner so they can move forward with their lives. If you are facing a family law issue and have questions about mediation or other aspects of the legal process, contact our firm today at 913-514-0909 to schedule a strategy session to discuss your options.

Are Previous Convictions Admissible at Trial for New Charges?

Facing drug charges can be stressful, given that the legal consequences of a conviction can be severe and life-altering. Your sentencing can further be complicated if you have prior related convictions, which can result in more serious charges. The prosecutor could also refuse to offer a plea bargain.

One way to avoid stiffer penalties based on previous convictions is to retain skilled lawyers from a law firm in Overland Park. They can analyze your situation, help you understand how past convictions can affect your new case, and help you develop a strategy to minimize the impact while fighting for the most favorable outcome.

What Are the Legal Penalties of Multiple Drug Crime Convictions?

Kansas has stringent laws against drug crimes, and multiple convictions can lead to hefty fines, extended probation periods, and even imprisonment. You could also have your driver’s license suspended or revoked if you’re convicted of subsequent charges.

Drug charges lawyers in Overland Park explain that one thing prosecutors and police officers do is to evaluate a defendant’s criminal history. If they establish you have past drug charges or convictions, they’ll likely make your current charges more severe, and the sentence is likely to be enhanced.

If you plead guilty or earn a conviction in the new case, your past record could be the basis of your sentencing. In some cases, the law requires courts to impose more severe penalties. In other cases, judges have the discretion in sentencing and could impose harsher penalties.

What is the Impact of Prior Convictions on New Drug Charges?

Apart from the harsh penalties you risk due to previous drug convictions, you risk other consequences that can significantly affect the case outcome. Overland Park drug charges attorneys highlight some of these effects:

Bail and Pretrial Release

A judge will consider your criminal record when determining whether to issue bail and the amount to set. A past criminal record can attract higher bail amounts or even denial. Courts consider past convictions an indication of a higher risk of reoffending or failing to appear in court.

Being denied bail can complicate your ability to prepare your defense, as you may be forced to do so from behind bars. Aggressive Overland Park drug charges attorneys can provide legal representation during the bail hearing to fight for your rights to a fair bail amount.

Probation and Parole Decisions

Past convictions can affect probation and parole decisions concerning your current drug charges. A judge could impose stricter probation conditions or deny parole. Multiple drug convictions could have you labeled a habitual offender, subjecting you to enhanced penalties and mandatory minimum sentences.

When Can a Judge Allow Evidence of a Prior Conviction to Be Used Against You?

Before a judge can decide whether to allow evidence or previous convictions in current drug charges, they must evaluate whether the evidence will help the jury assess the witness’s credibility. The evidence must also not unduly prejudice the defendant.

Evidence or prior convictions carry the likelihood of being convicted on the assumption that the defendant is a bad person. Drug charges attorneys in Overland Park say that some factors that judges consider in deciding whether to allow past convictions at trial are:

• The length of time that has passed since the last conviction
• Whether the past crime indicates you’re dishonest
• The length of imprisonment, if any
• The specifics of the charges
• Your age at the time of the conviction
• Whether your credibility is central to the current case
• Your conduct since the previous conviction
• The importance of your testimony on the current case (you could refuse to testify if prior convictions will come in)

Your lawyers can evaluate these factors and fight to prevent evidence of your past criminal convictions from being used against you in court.

Can I Challenge Prior Convictions in Current Drug Charges?

If you’re facing current drug charges and have a previous conviction record, you need to fight the charges harder than you did the prior charges.

You can also challenge the previous record to minimize its impact on the current charges. Skilled Overland Park drug defense attorneys can use one of the following defenses to protect your rights:

Contextualizing Past Convictions

Your lawyers can provide the context for your past crimes to reduce their impact on the current charges. For example, they can argue that the past charges were because of extenuating circumstances, such as addiction or mental health issues. Evidence of rehabilitation can persuade the court to be more lenient.

Challenging the Validity of Past Convictions

Another viable approach is to challenge the validity of your past convictions. If any of the evidence was obtained unlawfully or there were procedural errors, your lawyers can challenge the records and potentially overturn them to reduce the impact on your current case.

Suppressing Prior Convictions

Depending on the case specifics, your Overland Park drug charges attorneys can file a motion to suppress past convictions from being presented to the jury. This is especially true if the sentence is irrelevant to the current charges. A motion to suppress can prevent undue prejudice and enhance the chances of a fair trial.

A Skilled Drug Charges Attorney Protecting You from the Impact of Past Convictions

Drug charges can be complex and have the potential to attract severe penalties. A history of prior convictions can make the charges worse, so having experienced drug charges attorneys to defend you is crucial. They can analyze the case specifics and help you develop a tailored defense strategy to mitigate the impact of your past criminal record while advocating for a fair outcome.

Barnds Law LLC provides legal representation for clients facing drug charges in Kansas. If you’re going through trial with past convictions, you risk heftier penalties, but we can help you fight for a favorable outcome. Call us at 913-270-0505 to schedule a case strategy.

What Are the Rights of Stepparents in Joint Custody Arrangements?

Stepparents often establish solid bonds with their stepchildren, which can make divorce and custody painful. Many stepparents often have difficulties understanding their rights in joint custody arrangements. However, understanding these rights can make navigating the relationship between the child and the child’s biological parents easier.

If you’re a stepparent afraid of losing your right to parenting or visiting your stepchildren after a divorce, consult skilled lawyers from a law firm in Overland Park for legal assistance. They can explain everything you need to know about safeguarding your rights and how to fight for the most favorable outcome.

Legal experts highlight the following general rules for stepparents in joint custody arrangements:

Stepchildren Adoption

A stepparent can adopt their stepchildren while married, acquiring the same rights in divorce as the biological parents. However, since a child cannot have more than two parents, the other biological parent must waive all their parental rights.

Note that a court will only terminate a biological parent’s rights under extreme circumstances.

Without adopting your stepchildren, you may lose your legal rights toward them after a divorce or the death of a biological parent. Family lawyers in Overland Park explain that stepparent adoption can serve as a crucial lifeguard when one biological parent is deceased, abusive to the children, or has had their parental rights terminated.

The Right to Access School Records

If you’re in a joint custody arrangement, the law allows you to access your stepchildren’s school records or attend some functions with consent from your spouse if the child resides in your home occasionally. You can exercise this right under the Family Educational Rights and Privacy Act.

However, since school officials may not always be aware of this legal provision, it would be wise to have a written consent form signed by your spouse to make things easier. It would also help if the consent allows you to pick up the children from school.

The Right to Participate in Custodial and Disciplinary Arrangements

If you enter a marriage as a stepparent after custodial rights and disciplinary agreements have been set up, a judge may request you to accept the arrangements. If your spouse’s initial divorce specifies the discipline methods for the children, Overland Park family attorneys explain that you must adhere to the guidelines.

Stepparents and Medical Decisions

Stepparents in joint custody arrangements often have fewer rights than biological parents. In a medical emergency, you can take the child to the hospital, but you must have a consent form signed by both biological parents to consent to the child’s medical treatment.

Only your partner should sign the consent form if you’re in a non-custodial arrangement where your spouse already has custody. Understanding your stepparent’s rights and responsibilities is crucial to enable you to give your stepchildren all-rounded care. Consult experienced family attorneys in Overland Park for more legal insights.

The Right to Visitation

Kansas is one of the 23 states that legally authorize stepparent visitation. A court could award custody or visitation rights to the stepparent when facts demonstrate that it would not be in the children’s best interests to place them in the biological parent’s custody and they would benefit from remaining in the care of the stepparent.

Family attorneys in Overland Park add that the following factors could increase your chances of obtaining a favorable outcome in the visitation schedule with your stepchildren:

• If you were married to the children’s biological parent for many years
• If your stepchildren express their desire to have regular visitation with you, depending on their age and maturity
• If you had a positive and strong bond with your stepchildren during your marriage to their parent
• If you financially supported the stepchildren throughout the marriage

Working with skilled lawyers can also work to your advantage. They can evaluate your case circumstances and create a solid case to increase the likelihood of being awarded custody of your stepchildren. Every custody case is unique, but the court can rule in your favor if you can prove why it’s in the children’s best interests that you’re granted visitation.

Can I Be Granted Legal Jurisdiction Over My Stepchildren?

The law sometimes enables stepparents to gain equivalent legal jurisdiction over their stepchildren as biological parents.

One way is through legal stepparent adoption if the non-custodial biological parent gives up their right to the child. The other option is to seek legal guardianship, which doesn’t require either biological parent to forfeit their parental rights.

Obtaining legal guardianship as a stepparent can be challenging, especially if both biological parents are competent and actively involved in the children’s lives. However, you can obtain legal guardianship if a legal parent nominates you as the children’s guardian in their Will or Power of Attorney. Note that most legal guardianships only last until a child becomes an adult or when the court determines guardianship is no longer necessary for the children.

A Skilled Family Lawyer Explaining Your Rights as a Stepparent

Establishing your rights as a stepparent can be challenging if you don’t understand the legal provisions available to you.

Experienced Overland Park attorneys provide legal insights and representation at various stages of the process to ensure your rights are protected.

While stepparent adoption and guardianship can be complex, having legal experts by your side can make it easier to navigate. Barnds Law LLC hosts dedicated and knowledgeable family lawyers in Overland Park. Let us evaluate your case and provide invaluable advice to put you on the road to success in establishing your rights. Call us at 913-270-0505 to schedule a strategy session.

What Constitutes Probation Violation in Kansas?

A court can place you on probation as a condition for your sentence during your criminal charges hearing. However, the judge will provide a list of conditions you must fulfill during the probation, and failure to meet them constitutes a probation violation.

Lawyers from a reputable law firm in Overland Park highlight the following as some of the most common probation violations:

• Failing to report to your probation officer
• Facing new criminal charges while under probation
• Failing a drug or alcohol test
• Failing to pay restitution and fees
• Failing to obtain and keep a job
• Not completing court-ordered community service
• Leaving the state without notifying your probation officer or permission from the court
• Not attending rehabilitation courses, among others, depending on the conditions imposed on your probation.

Criminal defense attorneys in Overland Park explain that probation violations have legal consequences. If you have violated your probation terms and are worried about the consequences, consult skilled legal experts for legal guidance.

What Are the Penalties for Violating Probation Terms?

The laws in Kansas dictate that when a probationer violates their probation, they will receive a “Motion to Revoke Probation.”

The judge will assess the documents and issue a warrant for your arrest. You can enhance your highest chance of a successful defense by replying promptly.

During the hearing, the court will determine if you violated your probation terms and impose some punishments if you did. Possible penalties for probation violation are:

• Extending the length of the probation term
• Modifying the rules, terms, and conditions of the probation
• Ordering you to attend counseling depending on the original charges, for example, alcohol, drug, or anger management
• Imposing additional fines and restitution
• Ordering you to serve jail time, followed by more probation
• Revoking your probation and sentencing you to jail

Skilled criminal attorneys in Overland Park can evaluate the case specifics and help you create a solid defense strategy to reduce the likelihood of your probation being revoked.

What Factors Do Judges Consider When Imposing Penalties for Probation Violation?

Any violation of the law can have you incarcerated, including probation violations. If you commit multiple violations, the judge and district attorney will work with your probation officer to determine the appropriate penalties to impose. Factors to consider include:

• The original crime
• Type probation violation
• Your previous criminal record
• Your attitude toward the law and court
• Willingness to reform

If you violate the probation terms several times, you are likely to be handed a jail sentence. The court will offer no bail, and your chances of future probation will be diminished. So, it would help you consult aggressive criminal defense attorneys to defend you in the probation revocation hearing for a favorable outcome.

Does Probation Violation Show on My Criminal Record?

A probation violation will show on your record, and if the term is revoked, it will also appear, possibly impacting future charges. However, Overland Park criminal defense attorneys explain that you can have your criminal record removed from your history if you satisfy specific requirements, including probation.

Since probation violation is a crime, you must complete the new sentencing and file an expungement petition with the court. The decision to expunge is at the judge’s discretion. Working with skilled criminal defense attorneys is crucial to defending your rights and protecting your future.

What Are the Possible Defenses Against Probation Revocation?

With the help of knowledgeable criminal defense lawyers with experience in probation laws in Overland Park, you can mount a robust defense against probation violation charges, which is paramount in securing a favorable outcome. Some possible defense strategies include:

• False allegations: Your defense attorneys can challenge the accuracy and validity of the evidence presented in the courtroom to prove that you were falsely accused of violating your probation terms.
• Unintentional violation: You can argue and prove that you had no willful intention to violate the probation terms and it happened due to circumstances beyond your control. For example, you may have missed a meeting with your probation officer because of work commitments or medical reasons. Ensure you have solid evidence to prove your case.
• Procedural errors: Skilled lawyers can identify irregularities or errors in the probation revocation process and base their arguments on the mistakes to fight for a dismissal of the charges.
• Compliance with probation terms: Your legal team can defend you by showing that you have complied with the spirit and purpose of probation despite the unintended violation.
• Negotiating alternative resolutions: You can request the court for alternative resolutions instead of jail time. Examples are modified probation terms, house arrest, and rehabilitation programs.
• First-time violation: You could ask the court to be lenient because the violation was the first one or minor. The lack of previous convictions can also strengthen your argument.

It’s in your best interests to fight aggressively against probation revocation to protect your rights and future. In addition to legal penalties, incarceration can have collateral consequences that significantly affect your professional and social life.

A Skilled Criminal Defense Attorney Defending Your Against Probation Revocation

A Motion to Revoke Probation can be scary as it can put you at risk of having your probation terminated and serving a jail term. If you violate your probation terms and are scheduled for a hearing, ensure you prepare adequately for the proceedings. Hire skilled criminal defense lawyers in Overland Park for legal counsel and representation.

Barnds Law, LLC hosts dedicated criminal defense attorneys who can assess your probation violation charges and create a strategy to help you avoid severe legal consequences. We understand that the stakes are high and will fight aggressively for the most favorable outcome. Call us at 913-270-0505 to schedule a strategy session.

What is Contested Adoption?

Adoption can be a joyful and life-changing event for the parties involved. However, the process can sometimes have various setbacks that make it challenging. In the case of a contested adoption, it happens when the child’s biological parent objects to the process, sometimes expressing their preference for who they would like to parent the child.

In most cases, the child’s mother places the child for adoption, but the father objects. Other instances of contested adoption can occur in state-initiated or welfare adoptions. If you’re going through a contested adoption, consult skilled family lawyers in Overland Park to help you evaluate your rights and options.

What Happens in a Contested Adoption Case?

In a standard adoption process, the child’s birth mother develops an adoption plan, which includes selecting the adoptive parents. The child is placed with the adoptive family after birth while the court processes the birth mother’s termination of rights and transfers custody to the adoptive parents.

Adoption attorneys in Overland Park highlight that the specific time the process takes varies based on various factors. During this time, the biological father may decide that he wants to parent the child himself, which marks the beginning of a contested adoption. Other reasons why adoption may be contested are:

• A legal parent contests a previously executed consent, surrender, or waiver
• A biological parent contests prior termination of their parental rights
• A putative father contests their standing or ability to become involved in an adoption

In such cases, the contesting party can challenge the adoption in court, halt the proceedings, and request a contested adoption hearing.

Understanding a Contested Adoption Hearing

When a biological father contests his child’s adoption, all parties must appear for a consent hearing in court. The hearing aims to enable the court to assess if the father followed all the appropriate measures and demonstrated the appropriate demeanor during the child’s mother’s pregnancy.

The court may find the father’s objection valid, in which case the adoption cannot proceed. The court may also side with the adoptive parents, decline the biological father’s objections, and schedule a best interests hearing. During the hearing, the court assesses which party is best suited to provide the child with a more permanent and stable life, forming the basis of the custodial decision.

What are My Options as an Adoptive Parent in a Contested Adoption?

A contested adoption can be emotionally draining, complex, and time-consuming. It would help to have as much legal support and guidance as possible to help you gain a favorable outcome. Skilled Overland Park lawyers can:

• Explain and discuss your legal options
• Help you make the most appropriate decision
• Explain your legal rights and obligations
• Provide legal representation during the process
• Prepare and review the relevant paperwork
• Discuss any eventualities you may have overlooked
• Advocate for your rights
• Ensure you comply with all applicable laws, ethical rules, and best practices so that the outcome is legally secure.

Your lawyers will help you take steps to avoid finding yourself in the middle of a contested adoption.

Steps to Avoid a Contested Adoption

Before starting the adoption process, it’s crucial to understand the biological father’s perspective on the adoption. Conducting a background check can alert you of the potential red flags that may further complicate the case.

It’s essential to work with the birth mother to establish accurate paternity and the father’s intentions. Note that the birth mother may state that the biological father is unknown or uninterested. Even so, only formal paperwork relinquishing parental rights and a positive paternity test can safeguard you against potential contentions.

Generally, even if a biological father contests an adoption, you can still be awarded custody of the child if the court determines the father is unfit to parent or did not follow appropriate standards before the adoption proceedings. Skilled adoption lawyers in Overland Park can help you fight for the most favorable outcome.

What Are the Obligations of Birth Fathers in Contested Adoptions?

If a biological father believes their child is being placed for adoption by their birth mother and wishes to maintain their custodial rights, the law obligates them to take several crucial steps. Claiming paternity is not enough, and it’s vital to be aware of the required steps to challenge the adoption.

A paternity test must be established legally through DNA testing. The father must also demonstrate reasonable support to the birth mother throughout the pregnancy, including consistent financial support. He must also adhere to adoption laws, especially those that govern contested adoption.

Determining paternity and establishing a legally binding agreement with the birth mother before she relinquishes her rights over the child often provides the most favorable outcome for birth fathers who wish to parent their child. Family attorneys in Overland Park can provide more insights into the process.

Navigating Contested Adoption with the Help of Skilled Adoption Lawyers

Adoptions can sometimes be contested if a biological father is not willing to relinquish their rights over their child. Resolving contested adoption can be challenging without the help of experienced family lawyers in Overland Park. They have the skills and knowledge to help you navigate the intricacies of the process to help you obtain a favorable outcome.

The court process can be lengthy and complicated, so it would be in your best interest to retain compassionate adoption lawyers in Overland Park. Barnds Law LLC has dedicated lawyers who work hard to help clients create families. We can evaluate the case circumstances and advise you on your legal options if you’re going through a contested divorce. Trust us to handle the legal paperwork and ensure the case proceeds smoothly while protecting your interests and those of the child involved.

What Does the Law Say About Interstate Child Custody in Kansas?

If you’re going through a divorce and live in a different state from your children’s other parent, you may wonder how the child custody case will play out. Problems may arise when determining which state to file the case in, especially if both parties prefer to file it and have it tried in their home state. Fortunately, family lawyers in Overland Park can guide you through the process.

They explain that specific rules stipulate the state with the legal jurisdiction over the child custody case. The law is the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). The intricacies of the law might be complex to navigate by yourself, so it’s crucial to work with skilled legal experts for the most favorable outcome.

What is the UCCJEA?

The law requires that a state has jurisdiction over a matter before it can rule. The UCCJEA helps determine the state with jurisdiction in custody cases when parents live in different states. It aims to minimize the following:

• Conflict between court rulings over custody matters
• Children abductions
• Dragging of custody cases by choosing a state where a parent can have a better outcome
• Having the same custody case tried in multiple states

Child custody attorneys in Overland Park add that the Act also streamlines enforcement of custody orders between states, giving the state with jurisdiction the continuing mandate to rule over the case.

How Is Jurisdiction Determined?

Determination of the state that should have jurisdiction in a child custody case depends on the state with the child’s best interests. Preference is often given to the state deemed the child’s home state. The home state is where the child lives or the state they lived up to six months before the custody proceedings started, assuming one parent still lives there.

The law recognizes a few instances in which a state may not have jurisdiction over a custody case:

• If the child has no clearly defined “home” state
• The state declines jurisdiction over the proceedings

If these circumstances occur, jurisdiction would be determined based on “significant connection.” Significant connection implies that the child has significant connections to that state, and substantial evidence is available to prove the connection. The child doesn’t have to reside in that state to claim jurisdiction based on a significant jurisdiction.

Sometimes, two states may file for jurisdiction based on a significant connection. Jurisdiction is often granted to the state that filed first. Navigating these issues takes some time, but the likelihood of working them through and gaining a favorable outcome is higher when working with experienced Overland Park child custody lawyers.

Can I Change State Jurisdiction During a Child Custody Case?

The laws encompassed in the Uniform Child Custody Jurisdiction and Enforcement Act serve to prevent parties to a case from “forum shopping,” which implies moving to a state that is likely to favor them in the case outcome, different from what it would have been in a different state.

However, child custody lawyers in Overland Park explain that if you have to move to another state and want the state to determine the case there, you should gather all the necessary evidence regarding your residency and that of your child in that state. Examples of documents that could support your case are:

• Your state-issued identification and voting records
• Your child’s identification, vaccination, medical, and school records
• Bills reflecting your residency within the state
• Lease agreements and mortgage paperwork
• Any documentation regarding your residency and your child’s residency in a particular state
• Property tax records and any other relevant document that proves your residency and that of your child in a specific state

Once a court makes an initial custody determination, you should contact it regarding any changes in your residency before petitioning any other state for a change in the custody situation. If the court didn’t permit you to relocate initially, you must get court approval before moving. Relocation without approval is usually not the best way to change custody.

What Factors Do Courts Consider in Determining Interstate Custody?

The guiding principle in child determination cases is usually the child’s best interests, not necessarily the parents’ wishes. Courts evaluate several factors in determining what’s best for the child, such as:

• The child’s social and family ties within the community they reside in
• The ability of the child to adjust to a new environment with the fewest disruptions possible
• The bond between the child and each parent
• The parent that is most willing to cooperate in helping the child maintain a strong bond with the other parent
• History of spousal or domestic abuse
• The child’s wishes if they are old and mature enough

Courts don’t give preference to either the father or mother but review each case individually, depending on the specifics. Work with skilled Overland Park family law attorneys to help you present a solid case and enhance the chances of a favorable outcome.

A Skilled Child Custody Lawyer Providing Legal Counsel on Interstate Child Custody

Navigating child custody when the parents live in different states can be complex, given that the UCCJEA kicks in to determine the state with jurisdiction over the matter. Determining which state to file your case can be complex unless you have the legal guidance and representation of experienced family attorneys in Overland Park.

They can help you unpack jurisdiction matters to ensure you file your case correctly, overcoming the challenges most parents face in interstate child custody cases. Barnds Law LLC hosts knowledgeable child custody lawyers who can review your case and guide you accordingly. Let us work with you to fight for the most favorable outcome. Call us at 913-270-0505 to schedule a case assessment.

What Are the Consequences of Juvenile Crimes in Kansas?

Criminal cases involving children can be complex, considering they are handled differently from adult criminal cases in state court. Working with skilled family lawyers in Overland Park can make the burden easier as they walk you through the juvenile justice system while skillfully protecting your child’s rights, freedom, and future.

The consequences of criminal charges extend beyond the legal punishment and may include:

• Their educational activities become inhibited in various ways, and a promising future is in doubt. They may face disciplinary actions at school, including expulsions. A criminal record can affect their eligibility for specific scholarships and admissions.
• Their career opportunities can become limited as most employers conduct background checks. A past criminal record can adversely impact their chances of securing job types or professional licenses.
• Social stigma: Minors who face juvenile charges can become the subject of social stigma and reputational damage. They may face prejudice from peers and other community members, which they can find challenging to overcome if not well-guided.

With the representation of legal experts knowledgeable in juvenile justice, you can be in a better position to fight for and protect your child’s rights. You will also be well-informed about what to expect and what legal options exist for your child.

What Happens If a Juvenile Is Arrested for a Crime?

If a minor gets arrested for a crime, the officer will take them to the Juvenile Intake and Assessment Center (JIAC). The officers will evaluate the young offender for things like their academic progress, whether they have been in trouble before, and whether they use drugs or alcohol.

The assessment is crucial in helping the JIAC determine which programs minors can enroll in to help them stay out of trouble in the future. Criminal defense lawyers in Overland Park explain that after the assessment, the minor can go home and appear in court later or be taken to the Juvenile Detention Facility (JDF).

The outcome depends on the nature and extent of the crime. Misdemeanor offenses or non-violent crimes such as petty theft, possession of marijuana, or disorderly conduct can have the minor released than if they are charged with more violent or felony offenses. The release depends on the minor’s past criminal history.

What Happens When a Minor Goes to Court?

The minor will meet the attorney assigned to their case at the court, or you can hire one for them. Overland Park criminal defense attorneys will evaluate the case and advise on legal options and punishments as provided in the Juvenile Justice Code Book. Typically, a minor offender has three options when facing charges:

Trial

Every offender has a right to a fair trial, which can be in front of a jury or judge. During the proceeding, the prosecutor has the burden to prove beyond a reasonable doubt that the minor committed the crime in question. The law requires them to produce concrete evidence, such as eyewitnesses, to support their claims.

Your Overland Park criminal defense lawyers can challenge the prosecutor’s claims in the minor’s defense. They can cross-examine the witnesses to establish the validity of their testimony. The accused may also testify to defend themselves, but they don’t have to.

Diversion

Diversion is a legal option available for first-time non-violent crime offenders. One significant advantage of this option is that the charges eventually get dismissed at the end of the process. The criminal defense lawyers in Overland Park representing your child will evaluate the case to determine eligibility for the program, which is strict and requires more commitment than probation.

Failure to complete the 6-12-month program will result in the enrolment being revoked, and the minor will have to appear in court. They will be sentenced as though they never enrolled in the diversion in the first place. Let skilled legal representatives walk your child through the process to ensure they complete it successfully.

Guilty or No Contest Plea

With the guidance of skilled criminal defense attorneys, your child can avoid trial by pleading guilty or no contest to the charges, meaning they admit to committing the crime.

Pleading no contest means the child is neither admitting nor denying committing the crime, but they are not fighting the charge. Overall, the judge finds the young offender guilty.

Criminal defense lawyers in Overland Park explain that one reason to plead guilty or take the no-contest plea is to avoid trial, especially if the likelihood is high that the court will find the defendant guilty. The prosecutor may also be willing to offer a reduced charge or lighter sentence in exchange for the plea.

What Happens If a Minor Is Found Guilty?

A guilty verdict at trial or pleading guilty or no contest doesn’t mean a minor will be convicted. Instead, they will be adjudicated unless the prosecutor requests the judge to treat the minor as an adult instead of a juvenile. After adjudication, the judge could impose one of the following possible sentences:

• Standard probation
• Intensive supervised probation
• Juvenile Justice Authority Custody
• Commitment to a Juvenile Correctional Facility
• Sanction house commitment

The legal penalties vary based on the severity of the crime. Consult with your child’s lawyers to understand these options and how to secure the most favorable outcome.

An Experienced Family Attorney Helping Your Child Navigate Juvenile Charges

It can be stressful to have your child facing criminal charges. While you want the best for them, it doesn’t mean they should “get away” with bad behavior. Youthful mistakes don’t make juvenile offenders criminals, and you can help them navigate this challenging time by enlisting the legal representation of experienced Overland Park family attorneys.

The criminal defense attorneys at Barnds Law LLC can look into your child’s case and provide the necessary legal assistance. We dedicate ourselves to helping families going through the criminal justice system find favorable solutions. Call us at 913-514-0909 to schedule a strategy session.

Is Spousal Support Automatically Awarded in Divorce Cases in Kansas?

When courts give a divorce decree in Kansas, they also can award spousal support or alimony. The purpose of the allowance is to enable the qualifying spouse to maintain the specific standard of living they were accustomed to during their marriage. It also serves to make up for any disparity in the earning potential.

Spousal maintenance is often a contentious issue, with courts having the discretion to award or not award the allowance. Judges consider many factors in determining whether the award is justified and fair. If you’re going through a divorce marked with a tough alimony battle, let skilled family law lawyers in Overland Park help you fight for your rights.

What Factors Do Courts Consider When Awarding Alimony?

The primary consideration for courts when awarding alimony is the need for one spouse to receive support and the ability of the other to pay. Being deliberately unemployed or underemployed may have a court impute income to a party based on their potential and probable earnings as indicated by historical earnings, education, and unique skills or qualifications.

Kansas doesn’t have a set of statutory factors when determining alimony payments. However, alimony attorneys in Overland Park highlight the following factors that judges consider:

• The age of the parties
• The present and future earning capacity of the spouses
• The length of the marriage
• The property each spouse owns
• The needs of each party at the time of the divorce and their overall financial condition
• The property’s source and manner of acquisition
• A spouse’s contribution to the education or career of the other spouse during the marriage
• The conduct of the parties during marriage
• Family ties and obligations of each party, including the custody and support of their children
• Unusual or unique health or medical needs
• The number of years a spouse has been absent from the job market and the reasons for being absent

Some factors courts won’t consider include, but are not limited to, disability benefits and any other income or property awarded to veteran spouses as compensation. Consult skilled Overland Park alimony lawyers for legal assistance if you have challenges in your spousal support determination case.

What Are the Different Types of Alimony in Kansas?

Given that spousal support doesn’t automatically take effect following a divorce, judges will consider one of three different types of spousal maintenance:

Temporary Alimony

Temporary spousal support is a financial obligation that the higher-earning spouse must pay to the other spouse before the finalization of the divorce. The payment enables the receiving spouse to afford certain expenses during the separation. Skilled alimony lawyers in Overland Park can help you file a motion to request temporary alimony.

Short-Term or Periodic Alimony

A court may order short-term maintenance if you need support for some time. Courts award short-term maintenance in cases such as when the requesting spouse needs to complete their education or is job searching. Alimony lawyers in Overland Park can evaluate your eligibility for short-term alimony.

Long-Term or Permanent Alimony

Long-term spousal support isn’t awarded often and is rare in Kansas. Courts order this type of spousal support when they determine the receiving spousal cannot become self-supporting due to a disability, health issues, or not having been in the workforce for the duration of the marriage.

How is Alimony Paid in Kansas?

Spousal support payments don’t have to be monthly if the court awards alimony. The paying spouse can make a lump sum payment to enable the receiving spouse to support themselves for some time. Spousal support is usually limited to 121 months or approximately ten years.

Courts decide to extend the spousal support term beyond the initial one if the situation warrants the extension. If your situation warrants an extension of the spousal maintenance term, talk to the experienced Overland Park family to fight for what you rightfully deserve.

Can a Man Be Awarded Spousal Support?

If you’re a man going through a divorce, you may wonder if you’re eligible for spousal support from your wife. In Kansas, anyone can petition the court for spousal maintenance, regardless of gender identity. Spousal support can also be awarded in same-sex marriages.

While men make up the majority of alimony-paying spouses, more women are now in the workforce. Therefore, the number of men receiving alimony is increasing. You can enhance your chances of receiving spousal maintenance as a man by working with experienced alimony lawyers in Overland Park.

What Is the Impact of Taxes on Alimony?

Before January 1, 2019, a spousal support payee could deduct taxes while the recipient would pay taxes on the income. The Tax Cuts and Jobs Act changed the previous rules for all divorcees, stipulating that a payee can’t deduct spousal support payments on their taxes, and the recipient doesn’t have to include them in their reported income.

The tax changes impact your annual income. So, consult experienced attorneys before negotiating a spousal support amount to protect your rights.

An Experienced Family Law Attorney Providing Legal Guidance on Spousal Support

Historically, courts in Kansas would award alimony for “traditional marriages” where one party worked outside the home while the other stayed home to raise the children. A lot has changed over the years, and different factors affect the outcome of spousal support cases. Alimony attorneys in Overland Park can evaluate your case and guide you to a favorable outcome.

Divorce can be emotionally tasking, and it can be more challenging if you and your ex-spouse can’t agree on crucial issues such as child custody, support, and maintenance. Barnds Law LLC hosts experienced family law attorneys in Overland Park. We can provide legal support during this challenging time and help you fight for a favorable outcome. Contact us at 913-514-0909 to schedule a strategy session.

What Does a Past Kansas Criminal Court Record Contain?

Kansas criminal court records provide official accounts of court proceedings in criminal prosecutions. They contain crucial information regarding the defendant, the offense, details of the legal processes, the court’s final verdict, and any reviews by the appellate court. Most records contain similar information, but depending on the jurisdiction, it may vary from case to case.

If you’re facing criminal charges and have a past criminal record, you may want to know how it might affect the current proceedings. It would be best to seek reputable legal services in Chicago for guidance. Legal experts can help you understand how previous records may affect your case and whether you can challenge them.

Can Past Criminal Record be Used Against Me?

Under the Federal Rules of Evidence, past convictions can only be used in a current criminal case if the conviction attracted a punishment of more than one year of imprisonment or death. Additionally, the value of the evidence should not result in an unfair advantage to the prosecution. This later inquiry is known as “whether the probative value is more than the prejudice” to the accused.

However, a past conviction may be admissible if it relates to dishonesty, such as a false statement or fraud. Criminal defense lawyers in Overland Park add that a past conviction can also not be used under federal rules if it happened more than ten years ago unless they are relevant and valuable.

Additionally, a conviction pardoned, expunged, or removed from the public record may be properly excluded from admissible records in an ongoing criminal case. If you have past criminal records that you fear could be used against you in court, consult skilled Overland Park criminal defense attorneys to evaluate if you can expunge them.

How Can I Challenge Past Criminal Records in Current Legal Proceeding?

When considering whether to allow your past convictions to be used as evidence against you, judges must decide whether the value of the conviction in helping the jury assess your truthfulness outweighs its potential for prejudice. Prior convictions carry the substantial possibility that the jury will presume your propensity to commit a crime or whether you’re a bad person.

Your criminal defense attorneys can challenge the admissibility of past criminal records based on the following factors:

• The type of crime and whether it has any correlation to the current charges
• If the conviction happened more than ten years ago
• The crime doesn’t indicate untruthfulness on your part
• Your age at the time of the conviction
• How long you were imprisoned, if at all
• Your conduct since the prior conviction could work in your favor if you can prove you’ve been on your best behavior
• The importance of your testimony in the current case (you may refuse to testify if evidence of the past conviction will come in)

In most cases, judges consider evidence of past convictions for the same crime very prejudicial, and most courts won’t admit such evidence.

Can I Have My Past Criminal Records Expunged in Kansas?

One way to prevent your past criminal records from being used in a current criminal case is to have them expunged. Expungement means removing the record from your criminal record, meaning that no information related to the arrest or conviction may be disclosed unless under certain exceptions.

Arrest Records That Can Be Expunged

In Kansas, an arrest record can be removed from your criminal record if:

• The arrest happened due to mistaken identity
• The court determined that the police lacked probable cause for the arrest
• You were not found guilty in the proceedings
• The expungement is in the best interest of justice

The law imposes no time limit for deleting an arrest record.

Criminal Convictions That Can Be Expunged in Kansas

You can have your past criminal records expunged if the stipulated time since the conviction has elapsed and you’ve not been convicted of a felony in the past two years.

Minor offenses, traffic violations, and some felonies can be expunged three years after completing the sentence and paying all fines.

Juvenile adjudications can also be expunged if:

• You have reached the age of 23, or it has been two years since you completed the sentence
• There are no pending criminal cases since you completed the sentence
• Your circumstances and behavior warrant expungement

However, the law doesn’t allow you to erase the following criminal convictions, whether they are adult or juvenile convictions:

• Child abuse and endangering a child
• Criminal sodomy
• Sexual battery of an underage victim
• Rape and involuntary manslaughter
• Murder in the first or second degree
• Capital murder
• Indecent liberties with or solicitation of a child
• Aggravated incest
• Sexual exploitation of a child

Skilled criminal defense attorneys in Overland Park can provide legal guidance on deleting your past criminal records. Depending on the outcome of the expungement, you would significantly reduce the probability of your past criminal records being presented in court as evidence against you.

Challenging Past Criminal Records in Kansas Proceedings with the Help of Skilled Criminal Defense Lawyer

Past criminal records can damage your current criminal case, especially if the judge rules in favor of its admissibility. Luckily, skilled Overland Park criminal defense attorneys can challenge the records based on various factors. They can also help you have the records expunged to prevent them from being publicly accessible if they meet the expungement criteria.

Brands Law LLC provides legal services in Overland Park, and our lawyers can assist you. We know how overwhelming it can be to face criminal charges for a second or subsequent time. Our team can help you navigate the legal complexities to minimize stress and anxiety as we fight for the most favorable outcome. Call us at 913-514-0909 to schedule your strategy session.