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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.
