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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.

Why Do Judges Consider Parental Substance Abuse in Custody Decisions?

After a divorce, most people find themselves in custody battles, with each one fighting for a favorable outcome, which is often to be granted sole or legal child custody. Unfortunately, custody determination is sometimes complex unless the parents can mutually agree on how to share parenting time.

Courts often consider many factors to uphold the children’s best interests. One of the crucial factors judges must evaluate is parental fitness, which often entails checking whether a parent engages in substance abuse.

If you’re fighting for custody and believe your ex-spouse is unfit due to substance abuse, talk to skilled family lawyers in Overland Park. They can help you prove your claim and create a solid case to show why you’re the better-suited parent to be granted custody of your children.

What is The Role of Substance Abuse in Custody Cases?

A parent suffering from drug or alcohol abuse addiction can pose a threat to the physical, psychological, and emotional welfare of the children. They cannot adequately care for the children if the other parent is no longer present or there is no support system from the extended family.

A parent’s substance abuse may be a known factor at the beginning of child custody negotiations. In such a case, they may be able to retain their custody privileges as long as they enroll in an alcohol management program. That way, the children can spend time with the affected parent safely.

However, claims of unmanaged alcohol abuse that threaten a child’s well-being and safety can dramatically affect custody arrangements. If you’re in the middle of a custody battle and your children’s other parent has an ongoing addiction or behaves irresponsibly with alcohol, consult experienced child custody lawyers in Overland Park for legal counsel and representation.

How Can I Prove Substance Abuse in a Child Custody Case?

If you claim that your children’s other parent has a substance abuse problem in a child custody case, you must substantiate your statements to a reasonable degree that holds weight. That means you require evidence to settle the claims definitively. It can be easy to produce records that prove patterns of alcohol abuse if your ex-spouse has an extremely long history of substance abuse.

Examples of such include:

• Court-mandated drug treatment programs
• Medical records that show excessive alcohol or drug abuse
• DUI arrests or convictions

However, the accused parent may aggressively fight to defend themselves and claim that they don’t pose a threat to the children. Depending on the case intensity and your ex-partner’s history of substance abuse, your Overland Park child custody lawyers may help you file a request to the court to subject your ex-spouse to tests that can help corroborate your claims:

EtG Test

An EtG test can detect the presence of ethanol (alcohol) in an individual’s urine to prove or disprove whether the accused has consumed alcohol in the past 80 days.

However, it can initially be challenging to convince your ex-spouse to take the test unless there is past documentation that shows excessive alcohol use. The records can prompt the court to mandate the test.

However, a downside is that it’s not a guarantee that the court will mandate the EtG test. Besides, while the results can show traces of alcohol in the subject’s system, the fact doesn’t necessarily imply alcohol abuse. An EtG test doesn’t rule out responsible alcohol use. Consult skilled child custody attorneys on whether the test is viable in your case.

Witness Testimony

Another method to substantiate alcohol abuse claims is to have a witness testify in court about the accused’s drinking patterns and whether they find them excessive and risky. However, the testimony remains hearsay unless the witness testifies under oath or is subpoenaed.

Your family attorneys in Overland Park can help evaluate witness statements to determine if they support your claims. Other ways in which you can prove alcohol or drug abuse are:

• Employment records showing absenteeism and other adverse effects due to substance abuse
• Reports from custody evaluations on the impact of the parent’s drug abuse
• Social media posts that reveal excessive drinking
• Repeated, incoherent voicemails or texts indicating that your ex-spouse is often drunk

Can A Parent Lose Their Custody Rights Due to Substance Abuse?

If substance abuse is proven, the court will determine that the parent in question is unable to make decisions in the best interests of the children, exercise parenting time without restrictions, or safely care for the children. Such a parent can lose custody rights or even affect a custody order already in place.

If your ex-spouse has sole custody of the children but has started showing worrying signs of substance abuse that pose a risk to the children’s welfare, you could request a custody modification. Child custody lawyers in Overland Park can help you show that:

• There has been a substantial change in circumstances
• The modification request is in the children’s best interests.

A parent could also lose their custody rights if convicted of a DUI under aggravating factors such as:

• Having a child in the car during a DUI
• Having a very high blood alcohol concentration
• Being a repeated DUI offender

A Skilled Family Lawyer Helping You Navigate Parental Substance Abuse in a Child Custody Case

Child custody cases can become complex if one parent has a substance abuse problem. Reaching a mutual agreement may be impossible, and the court may subject you to a lengthy custody determination process before issuing the final order. You can easily get frustrated, but working with skilled child custody attorneys in Overland Park can relieve your burden.

Lawyers know how divorce and child custody laws work in Kansas. They can fight to help you achieve the most favorable outcome to ensure your children’s welfare is protected. At Barnds Law LLC, we believe in keeping families together while upholding everyone’s rights. Call us at 913-514-0909 to schedule a strategy session.

What Does the Law Say About Relocating a Child in Kansas?

Child custody cases are sometimes faced with challenges, with custodial parents sometimes violating the terms of the order. Custody orders have a parenting plan that stipulates who has physical and legal custody of the child and how and when the non-custodial can access the child.

While there are no specific laws concerning child relocation, KSA 23-3222 guides custodial parents on what to do if they wish to relocate with the child. If you’re a parent whose visitation rights have been violated because the other parent relocated with the child, consult skilled family lawyers in Overland Park for legal counsel and representation.

When Is Relocation an Issue?

Under Kansas law, a parent can have one of the following types of child custody:

• Legal custody, which grants the right to make crucial decisions concerning the child’s life
• Physical custody, meaning they live with the child some or all of the time
• Visitation rights that allow them to access, visit, and spend time with the child

Child custody attorneys in Overland Park explain that whatever custody rights a parent has, they can’t move away with the child without the other parent’s consent or the court’s approval. A parent must notify the other parent 30 days in advance if the move entails going away for more than 90 days or changing the child’s official residence.

The notice has to be written and sent through mail, with a request for a return receipt. It must include the following information:

• The address, alternate mailing address, and home telephone number of the new residence
• Names and ages of the people living in the new home and those who intend to live there
• The name of the new school that the child will attend
• The reasons for the proposed relocation
• The date of the relocation
• A proposal for a revised custody arrangement

Failure to provide a written notice when taking the children away under the above conditions is considered contempt of court. The only time the notice isn’t required is if the non-custodial parent has been convicted of committing crimes against the child.

What If I Don’t Approve the Relocation?

If you receive a relocation notice from your ex-spouse, you may object to the move for various reasons. Skilled child custody lawyers in Overland Park can help you move the matter to court to resolve it legally. A lot goes into the process, with the parent who wants to relocate carrying the burden of proof to show that the move is in the child’s best interests.

Factors that Determine a Custodial Parent’s Request to Relocate with the Child

Kansas courts make decisions concerning children based on the child’s best interests principle. The preference is to keep both parents living close to each other so they can spend as much time as possible with the child and be involved in their growth, education, and daily activities.

However, substantial changes may occur, requiring a parent to relocate. Judges must weigh the potential benefits and disadvantages of the move concerning the child’s best interests. For example, moving to another state or country may lead to the overall improvement of the child’s life if the parent moves because of:

• A better job opening or increased earnings from a new job
• Closer proximity to the extended family, who can help with the child’s care and support
• A new marriage that could put the child in a two-parent family.

Judges will also consider the adverse effects of the move, such as reduced contact with the non-custodial parent. Other factors that may affect a court’s decision in relocation and child custody cases are:

• Whether the parents can afford long-distance visitation
• Whether the relocating parent has a good reason to move or is acting to frustrate the other parent by making it difficult for them to spend time with the child
• Whether the non-custodial parent is objecting to the move and the reasons for doing so
• The child’s need for stability in other relationships such as school, neighborhood, and religious group
• The child’s preference in the custody dispute depends on their age

What Are the Consequences of Moving with a Child Without the Necessary Permission?

Typically, divorcing spouses sign a divorce settlement, which includes co-parenting arrangements. The agreement may state what will happen if a parent moves with the child without informing the other.

If your ex-spouse has repeatedly violated a child custody order and you can’t seem to resolve the issues amicably, talk to Overland child custody lawyers to help you seek a legal solution. Parents could face severe consequences if they violate the order, including:

• Hefty fines, jail time, or both
• Loss of primary custody if the other parent seeks modification of the child custody order based on the move
• Criminal charges such as parental child abduction

It’s essential for a parent to thoroughly check the child custody order for conditions or requirements of moving with a child. If the divorce case is ongoing, both parents must adhere to the restrictions on relocating or traveling with the child.

Overland Park Attorney to Address Relocation in Your Child Custody Case

Being denied custody of your child can be frustrating. It can get worse if your ex-spouse violates your visitation rights by moving away with the child without your consent or the court’s approval. If you’re in such a situation, seek the legal counsel and assistance of experienced family attorneys in Overland Park. They can assess your situation and advise you about your rights and how to handle the issue.

Barnds Law LLC has a team of passionate and dedicated child custody lawyers who can help you in your child custody case. Tell us if your visitation rights have been violated or if you disagree with the parenting schedule. We will carefully listen to your grievances and work with you to find the most favorable solution for your child’s sake. Call us at 913-514-0909 to schedule a strategy session.

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

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

What Is a Hardship License?

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

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

How Do You Apply for a Hardship License?

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

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

Can a Request for a Hardship License Be Denied?

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

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

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

How Do You Check Your License Status?

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

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

How Do You Get a Driver’s License Back?

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

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

6 Strategies to Protect Your Business From Child Support Garnishments

As a business owner, you’ve put a great deal of time, energy, and effort into building a successful business. But what happens when you’re ordered to pay child support? Can your business earnings be counted toward your income? Can your business accounts be garnished? These are important questions. Each situation is different, so it’s always best to talk with an attorney about how your child support order will impact your business and vice versa. But there are some general steps you can take to protect your business from child support garnishments.

1. Don’t Hide Income

It’s important to always be honest when you’re dealing with business and money issues, and this includes the financial disclosures that are a part of every child support case.

Both parties will need to fill out paperwork that includes how much money they make. Attempting to hide income from your business or undervaluing the business to try to get child support lowered is considered fraud. If you are found out, you could face additional penalties, such as criminal charges or retroactive child support garnishments.

If you’re not sure what counts as business income or personal income or how to value your business accurately, talk to a family law attorney. They can provide some guidelines and refer you to other resources if you need additional help.

2. Make Sure You’re Legally Operating as a Business

If you want to protect your business from child support garnishments, you actually have to be operating a business. A side gig job, such as working as a 1099 contractor for a grocery delivery service, may not count as an actual business. In general, you need to be able to show the courts that you have set up your business as a professional entity.

This can include obtaining and operating under an Employer Identification Number (EIN), keeping business and personal accounts separate, and having any required insurance or licenses for your industry.

3. Keep Your Personal and Business Finances Separate

One of the biggest mistakes business owners make is to combine business and personal finances. Without a separation between your business and personal finances, it can be very difficult for the courts to determine what is business income and what is personal income.

It can also negate any financial protections operating as a business would have given you. Even if you’re operating as an LLC or other specific business entity, if you are commingling your business and personal finances, all of the money could count as personal income for legal purposes. Best practices include having separate business banking accounts and ensuring that a business credit card is only used for business expenses.

4. Keep Accurate Records

Maintaining accurate records is one of the most important things you can do for your business — and your child support case. Accurate bookkeeping makes it easier to show what’s business income and what’s personal income. It also ensures you have the paperwork necessary to verify your income or business assets, which can be crucial for parents who don’t get traditional W-2s to prove their income for child support.

Keeping accurate records also ensures that you’re able to show the difference between your business’ revenue and its profits. You should be able to produce reports on business expenses like payroll, insurance, and supplies so that these aren’t counted in the profits of your business. Make sure to give your attorney and anyone working in your legal interests — such as a forensic accountant — a copy of your profit and loss statement so they can verify your income and help you understand what to expect when it comes to child support.

5. Ensure You Understand Your Obligations

It’s normal to be focused on how much you have to pay per month as you’re finalizing a child support case, but it’s critical to ensure that you understand what can happen if you don’t follow through with your obligations. The courts take child support very seriously, and it’s possible for you to be subject to enforcement measures such as garnishments, tax refund interceptions, and even jail time if you don’t keep up with your support payments.

Depending on how your business is set up, this could potentially extend to your business income. A garnishment on your business profits could significantly impact your company, continued business growth, and valuation if you ever consider a sale or merger.

6. Speak With a Family Law Attorney

When you work with clients, you’re the knowledgeable professional they come to to find out what they need to do and the best way to do it. But when you’re involved in a child support case, your attorney is the one with all the experience. Just like you would tell your clients that they need to rely on your experience and expertise, it’s important for you to consult an attorney about your business interests and how to protect them from child support. An attorney can let you know what parts of your business income may be considered for child support payments and what legal options and strategies you can use to keep your business from being affected by your case.

Being a business owner isn’t easy, and it can complicate already challenging family law issues such as child support. Find out what you need to know and discuss the particulars of your situations with an experienced family law attorney when you contact Barnds Law LLC. Call 913-514-0909 to speak with a team member in our Overland Park, Kansas, office to schedule your appointment.