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What Rights Do Grandparents Have in Kansas?

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

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

Visitation Rights

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

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

Custody Rights

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

Non-biological and Step-grandparent Rights

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

Are There Any Exemptions to Grandparents’ Rights?

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

Severed Rights of Parents

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

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

Adoption by Third Party

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

Cases of Abuse or Neglect

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

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

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

Provide Evidence of a Close Relationship

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

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

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

Hire a Skilled Attorney

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

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

Should You Hire Our Family Law Lawyers?

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

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

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

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

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

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

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

Legal Custody

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

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

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

Residency

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

What Are My Options Regarding Custody in Kansas?

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

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

Joint Legal Custody

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

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

Sole Custody

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

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

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

Hire an Experienced Team of Custody Lawyers

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

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

Adjusting Existing Child Custody Orders

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

Should You Hire Our Family Law Lawyers?

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

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

What Are Kansas Child Custody Laws?

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

What Are the Types of Custody Arrangements in Kansas?

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

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

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

Does Kansas Favor Mothers Over Fathers When Awarding Custody?

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

Factors Judges Consider in Child Custody Cases

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

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

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

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

Can Mothers Lose Custody of Their Children?

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

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

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

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

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

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

What is an Unfit Parent in Child Custody Cases?

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

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

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

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

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

History of Childcare Involvement

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

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

Understanding and Responding to the Children’s Needs

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

Child Abuse and Neglect

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

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

Domestic Abuse

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

Setting Age-Appropriate Limits

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

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

The Children’s Attitude Toward the Parent

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

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

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

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

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

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

An Experienced Child Custody Attorney Protecting Your Child’s Rights

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

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

What is Kansas’ DUI Diversion Program?

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

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

How Does the DUI Diversion Program Work?

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

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

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

Taking a Guilty Plea

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

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

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

What is the Eligibility for the Kansas DUI Diversion Program?

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

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

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

What Conditions Must I Fulfill in a DUI Diversion Program?

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

Undergo Drug and Alcohol Evaluation

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

For example, you may have to:

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

Pay Related Fines

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

Waive Your Right to Undergo Trial and Sixth Amendment Rights

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

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

Abstain from Alcohol and Drug Use

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

Avoid Legal Trouble for 12 Months

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

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

A Skilled DUI Lawyer Helping You Enroll in the Diversion Program

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

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

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

When it’s time for a marriage to end, there are many different courses of action for how former spouses can move forward. In Kansas, individuals seeking to end their marital relationships have three legal options: divorce, annulment, and legal separation. Each of these processes has distinct characteristics, requirements, and implications.

Understanding the Differences Between Types of Separation

No matter what type of separation the parties seek, developing a separation agreement is essential. A separation agreement is a private compact between spouses who are divorced or are about to divorce or are pursuing separation alternatives to divorce. It’s best to consult with a lawyer to determine what sort of separation will work best for you.

A separation agreement contains established stipulations that address numerous concerns relating to the separation, such as which spouse is liable for particular bills, which spouse will remain in the home they used to share, or where and who the children will live with. A typical separation arrangement covers the terms of how the split will occur, how the court will distribute property, whether a spouse is obligated to provide spousal support, and child custody and support if children are involved.

Divorce in Kansas

Divorce is the most common method of dissolving a marriage in Kansas. Also referred to as “dissolution of marriage,” divorce is a legal process that terminates the marital union between two individuals. To file for divorce in Kansas, at least one spouse must have been a state resident for at least 60 days before filing.

In a divorce, the court will divide marital property, determine child custody and visitation rights, establish child support, and address spousal support or alimony. Kansas follows the principle of “equitable distribution,” meaning that courts divide marital assets and debts fairly but not equally. The court may consider various factors, such as the length of the marriage, each spouse’s financial situation, and the contributions made during the marriage.

Annulment in Kansas

Annulment is a legal process that declares a marriage null and void as if it never existed. Unlike divorce, which ends a valid marriage, an annulment retroactively declares the marriage was invalid from the beginning as the parties didn’t enter the legal agreement on the same page. In Kansas, the court only grants annulment under specific circumstances.

Grounds for annulment in Kansas include a marriage void due to a party being underage or mentally incapacitated at the time of the marriage or when a marriage is voidable due to fraud, duress, or a party’s incapacity to consent. Those seeking to end their marriage must file annulment petitions within a reasonable time after discovering the grounds for annulment.

Legal Separation in Kansas

Legal separation allows couples to live apart while remaining legally married. It provides an alternative for couples who wish to separate their lives but do not want to terminate their marriage entirely. Legal separation issues orders similar to those in a divorce, such as child custody, child support, and division of property.

In Kansas, one spouse must reside or be stationed in the state while serving in the armed forces to obtain a legal separation. The legal separation process is similar to divorce, including filing a petition, reaching agreements on important matters, and obtaining a court order. Couples may later convert a legal separation into a divorce if they end the marriage permanently.

Division of Property

When the courts decide how to divide property between the former spouses, they consider the following factors:

1. How Old Are They?

2. How Long Were They Married?

3. What Property Do They Own?

4. How Much Money Do They Have The Potential To Earn?

5. When Was The Property Acquired, From Where, and How?

6. Are There Any Familial Ties or Obligations?

7. Will Maintenance Be Allowed?

8. Will Assets Be Used or Sold Before the Divorce?

9. How Will the Divorce Affect Each Person’s Taxes?

10. What Else is Important to Make a Just and Reasonable Division of Property?

Spousal Support

Spousal support is a vital component of divorce proceedings, aiming to provide financial stability to an economically disadvantaged spouse after the dissolution of a marriage. The determination of spousal support considers various factors such as income, assets, contributions, and living standards during the marriage.

Different types of spousal support cater to specific circumstances, including temporary, rehabilitative, permanent, and lump-sum. It’s essential to consult with a family law attorney to ensure the divorce agreement contains a fair determination of spousal support requirements.

Barnds Law LLC Can Help You Navigate the Legal End of Your Relationship

The end of a marriage is a big deal, with many complex systems to navigate and options to consider. As discussed, divorce is the most common way couples separate, in which a valid marriage legally ends, dividing assets and addressing various issues related to children and support. Annulment declares a marriage null and void based on specific grounds, erasing it as if it never existed. Legal separation allows couples to live apart while remaining married, with similar legal orders as in divorce.

When faced with the difficult decision of ending a legal union in Kansas, it is crucial to understand the differences between divorce, annulment, and legal separation.
By working with a great legal team to understand these distinctions, you can make informed decisions and navigate the legal processes surrounding your separation in Kansas more clearly and confidently. Schedule a strategy session with Barnds Law LLC by calling (913) 514-0909 today.

Marriage is a legal institution that brings together two individuals in a recognized and formalized union. Traditionally, marriage has been associated with a ceremony and legal documentation.

However, there is another type of marital relationship called common law marriage.

What is Common-Law Marriage?

Common-law marriage is an informal marriage recognized by some states in the United States, granting the couple the same legal rights and responsibilities as formally married couples.

Common law marriage refers to a relationship where a couple lives together, presents as spouses, and intends to be considered “married” without obtaining a formal marriage license or participating in a formal ceremony. The recognition of common law marriage varies from state to state within the U.S., with some states recognizing it as a valid form of marriage while others do not.

What Does the Law Say?

Kansas does recognize common law marriage. However, the current recognition of common-law marriage is based on legal precedents established through court decisions, not explicitly defined in laws. These precedents guide how the courts interpret and apply the requirements for common-law marriage.

Criticisms of Legally Recognizing Common-Law Marriage

Some people see common-law marriage as an outdated concept from when living together before marriage was still widely frowned upon. Proponents of changes like stopping the legal recognition of new common-law marriages argue that undocumented unions of this sort make legal processes like divorce and settling estates after the death of a partner more complicated.

Therefore, as new cases arise and legal interpretations evolve, the precedents surrounding common-law marriage may be subject to change. Seeking legal advice if you have any questions or concerns about common-law marriage in Kansas is crucial.

Requirements for Common Law Marriage in Kansas

A couple seeking common-law marriage must meet some requirements for their union to be legally valid.

To establish a common law marriage in Kansas, certain key elements must be fulfilled:

Must Be Eligible to Marry

In Kansas, both parties must be at least 18 years of age and have the mental capacity to enter a marriage. This age requirement detail is one of the few statutes codified into law. There should also be no legal barriers to marriage, for example, a previous marriage that has not been legally dissolved.

Must Agree on Terms of Relationship and Act Like A Married Couple

To be considered common-law married, a couple must mutually consent to be married and “hold themselves out as spouses” to the public. This can be shown in many ways, whether referring to each other as their spouse, having a family together, sharing a last name, and emotionally and financially supporting each other and their families.

If the friends and family in your life would call you married if asked to describe your relationship by someone who didn’t know you, you could have a good case for being common-law married in Kansas.

The couple must agree on the terms of their relationship and follow through on their agreements. They have discussed their needs in the marriage, and they fulfill the roles their partner expects from a spouse.

Cohabitation Requirements in Kansas

In some states, couples seeking to be common-law married must live together continuously and satisfy the cohabitation requirement. However, cohabitation is not required in Kansas for the common-law union to be legally recognized. Living together may help demonstrate your shared life as a married couple and contribute to your case, but it is not essential.

Legal Rights and Responsibilities in Common-Law Marriages

Once a common law marriage is established in Kansas, the couple is entitled to the same legal rights and responsibilities as couples in formally recognized marriages. They have the right to inherit property from their spouse, access health care benefits, and make medical decisions for each other. Some people in common-law marriages make a sworn statement called an affidavit to document that they name their spouses as their dependents.

In case of a separation or divorce, the couple must go through a legal process, just like formally married couples, to divide their property and address custody and support matters if they have children. However, the lack of documentation sometimes present in common-law situations can make this process more complicated and disputes more likely.

Laws Can Change, Make Sure You’re Informed

Laws and regulations can change over time. You don’t want to find out you don’t have the legal rights of a spouse when the worst has happened to your common-law partner. For example, you could find out your spouse is seriously injured and discover you no longer have the right to make medical decisions on their behalf when you arrive at the hospital.

The requirements for your common-law marriage to be recognized could be met now and then change in the future, altering what protections your relationship has. Therefore, staying updated on recent developments regarding common-law marriage in Kansas is essential.

Contact Barnds Law Today For Legal Guidance About Your Relationship

While common law marriage is recognized in Kansas, couples must meet the specific requirements outlined by the state to establish a valid union and stay up to date on these established guidelines. There may be situations where a typical marriage would better fit your needs, and you don’t want to wait until it’s too late.

If you need help to understand your relationship situation, the legal implications, and the requirements for common-law marriage, contact Barnds Law LLC today for a consultation. We can be reached at (913) 514-0909. Let us review your situation and ensure your relationship’s legal protections meet your needs.

What is Spousal Support?

Divorce can be a complex and emotional process for both parties involved. Spousal support, also known as alimony, is one of the most contentious issues during divorce proceedings.

Spousal support is a form of financial support that courts may order one party to pay the other spouse after a divorce, intended to help the receiving spouse maintain a certain standard of living after separation.

However, paying spousal support can be a significant financial burden for the paying spouse. Barnds Law LLC can show you the steps to take to prevent owing alimony to your former spouse.

8 Ways to Avoid Owing Spousal Support

It can be frustrating to receive orders to pay money to support someone who doesn’t need it. Legal battles over personal matters like shared finances and details of your relationship can get very emotionally charged. There are several ways to protect your rights and help the court identify false claims.

1. Hire a Skilled Divorce Attorney

If you are facing the prospect of paying spousal support, hiring a skilled divorce attorney is essential. An experienced attorney can help you to understand your rights and obligations under the law. They can also help you to negotiate a fair settlement and, if necessary, represent you in court. Barnds Law LLC can help you build a strong case and minimize the spousal support you may need to pay.

2. Sign a Prenuptial Agreement

While you may believe you’ll be with your new betrothed partner forever, the reality is that many marriages end in divorce. Divorce rates are declining, but slowly, and the United States has the highest divorce rate of any country.

Signing a prenuptial agreement, commonly called a “prenup,” can protect both parties and establish a plan for handling a divorce. Making plans for a separation beforehand avoids many headaches and potential disagreements, as the terms have already been established when emotionally complex issues start to arise.

3. Negotiate a Fair Settlement

One of the best ways to avoid paying spousal support is to negotiate a settlement with your spouse without a legal battle. Reaching an agreement that you and your spouse find fair and equitable can save you time and money in legal fees. In addition, a fair settlement can help minimize the amount of spousal support ordered.

4. Prove Your Spouse Has the Ability to Support Themselves

Another way to avoid paying spousal support is to prove that your spouse can support themselves. If you can show evidence to the court that your spouse can earn a reasonable income independently, you could cut down or eliminate a support order.

For example, if your spouse has a college degree and has not worked for several years, this indicates they could likely find employment that will allow them to support themselves. Proving your spouse doesn’t need your financial support can help reduce or eliminate the amount of spousal support you may find you need to pay.

5. Consider Spousal Support Alternatives

Alternatives to traditional spousal support may be better for your situation. For example, you may be able to negotiate a lump-sum payment instead of monthly payments.

A lump-sum payment can be beneficial because it allows you to make a one-time payment and avoid ongoing payments that may be a financial burden you must keep planning for. You may also be able to offer other assets or property to be exchanged instead of spousal support payments.

6. Avoid Underreporting Income

Underreporting income is a common tactic that some spouses use to try to avoid paying spousal support. However, this is a risky strategy that can have serious consequences.

You may be subject to fines, penalties, and criminal charges if caught underreporting income. In addition, underreporting income can undermine your credibility in court and make it harder for you to negotiate a fair settlement.

7. Keep Accurate Financial Records

It is essential to keep accurate financial records if you face the prospect of paying spousal support by documenting all income, expenses, and assets. Keeping correct financial records can help you to build a strong case and can help to negotiate a fair settlement. In addition, accurate financial records can help ensure you are not overpaying for spousal support.

8. Challenge or Modify the Spousal Support Order

If ordered to pay spousal support, you may be able to challenge the order in court. You could challenge a spousal support order on several grounds, including fraud, duress, or mistake.

Modifying the order under certain circumstances is also possible if you currently pay spousal support. For example, if you experience a significant change in income or your spouse undergoes a substantial change in income, you may be eligible to modify the spousal support order.

However, challenging or modifying a spousal support order can be difficult and expensive and may not always be successful. You should work closely with your attorney to determine whether pursuing action on your spousal support order is viable.

Barnds Law LLC Can Help

In many cases, spousal support lasts for several years; in some cases, you may have to make alimony payments for the rest of your life. Considering the long-term financial implications of paying spousal support is vital, so work closely with an attorney to develop a strategy to minimize your financial burden.

With the right strategy and legal representation, you can protect your financial interests and confidently move forward after a divorce. Call Barnds Law LLC today at (913) 514-0909 for a consultation.

What is Child Support?

Child support is a legal obligation that requires parents to contribute to the financial needs of their child. A parent often gives money to support the child to the child’s custodial parent, the parent the child primarily lives with. The amount of child support paid is determined based on various factors, including both parents’ income, the child’s needs, and custody arrangements.

Child support covers the child’s basic needs, including food, clothing, and shelter. In addition, child support funds may pay for medical expenses, education, and extracurricular activities.

Child Support Laws Are Gender-Neutral

Child support laws are gender-neutral, meaning both mothers and fathers can be required to pay child support. The law recognizes that both parents are legally obligated to financially support their children, regardless of gender.

In the past, child support laws were often biased against fathers, assuming that mothers were the primary caregiver and entitled to child support. However, as more women have entered the workforce and traditional gender roles have become outdated, the law has become more gender-neutral.

Can Women Be Ordered to Pay Child Support?

Yes, the court can order women to pay child support just like men. Each caregiver deserves the support they need to help their child flourish. If a court determines that a parent, regardless of gender, has a legal obligation to pay child support, they will be required to do so. There are many cases where women are ordered to pay child support, for example, when their partner has custody most of the time or if there is an unbalanced income between both parents.

According to the Child Support Supplement to the April 2016 Current Population Survey (CPS), approximately half of the 13.6 million custodial parents had either legal or informal child support arrangements. Custodial moms were 53% more likely to have agreements than custodial dads (40%).

While this statistic indicates that mothers are more likely to be custodial parents and receive child support payments, it does not mean that mothers are exempt from paying child support. The report shows that many custodial fathers receive child support, whether from the child’s biological mother or their other adoptive parent.

A Brief History of Child Support in the U.S.

In the past, there was no obligation for parents who separated to support their children financially directly. Before 1975, the Aid to Families with Dependent Children (AFDC) program was the primary method of providing financial assistance to families with children. However, the government took this money from the noncustodial parent to support the AFDC welfare program. Child support payments did not go directly to children and caregivers.

In 1975, the United States founded the Child Support Enforcement (CSE) program. The program’s goals were to enforce the collection of child support payments to recoup money for the welfare payments made to families by the government. The program also sought to assist families in obtaining regular and ongoing child support payments from the parent and help these families remain self-sufficient.

The Child Support Enforcement program has made efforts to change over time from a “welfare cost-recovery” program to a “family-first” one that tries to improve the well-being of families by making child support a more dependable source of income. However, there

What Factors Influence Child Support Payments?

Today, gender does not determine whether a parent must pay child support. Child support considers factors like the income of both parents, the needs of the child, and custody arrangements.

1. Income of Both Parents

Typically, the higher-earning parent will be required to pay more child support. If one parent has a significantly higher income than the other, the court may order that parent owes a more significant portion of the child support obligation. However, this is not always the case.

2. Needs of the Child

The court considers the child’s needs when determining child support obligations. Needs include food, clothing, shelter, medical care, education, and other expenses related to the child’s well-being. When choosing the appropriate amount owed for child support, the court will also consider the child’s age, health, and special needs.

3. Custody Arrangements

Custody arrangements are another essential factor in determining child support obligations. If one parent has sole custody of the child, the non-custodial parent will typically be required to pay child support. If the parents share custody, the court may order both parents to contribute to the child’s financial needs.

How Is Child Support Calculated?

Calculating child support obligations can be a complex process that varies depending on the jurisdiction. Each state has its own guidelines for calculating child support obligations in the United States.

Sometimes, the court may deviate from the guidelines if exceptional circumstances warrant a different child support obligation. For example, if the child has significant medical needs, the court may order more child support to cover those expenses.

Contact Barnds Law LLC for Help With Child Support

While mothers are more likely to be custodial parents and receive child support payments, this does not exempt them from paying child support. Calculating child support obligations can be a complex process that varies depending on the jurisdiction. It is essential to understand that child support is a legal obligation. Failure to pay can result in severe consequences, such as wage garnishment, seizure of assets, and even jail time.

If you have questions about your child support obligations, it is vital to seek the advice of a qualified family law attorney. Call Barnds Law LLC today. We can help you understand child support obligations and will fight to protect you and your child’s rights.