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What is Kansas Guardianship and Who is it For?
A guardian or a conservator is an individual legally appointed by a Kansas family law court to act in the best interests of a child or an impaired individual. The person under the care of the legal guardian is known as the ward. As a guardian, the individual will legally manage their ward’s health, safety, physical welfare, and financial stability. Conversely, a conservator is responsible only for looking after their ward’s financial well-being. In Kansas, a guardian and a conservator can be the same person. In most families, parents have the legal right to maintain a child’s physical and emotional well-being. However, due to unforeseen circumstances like death, child custody disputes, and allegations of neglect, it may become necessary for family law judges to step in and appoint legal guardians to take over.
If a disabled individual or a minor child requires legal protection from harm or imminent danger, a family law judge may deem it necessary to grant guardianship to another adult. Additionally, guardianship may be called upon in situations where both parents or those with custody pass away or in cases of child abandonment. Additionally, if a child does not obtain adequate care because of the parent’s criminal activities, lack of resources, or physical or mental impairment, it may be necessary to grant guardianship to another adult.
What Does Guardianship Do?
When a court appoints a guardian, they grant that person the legal authority to make crucial decisions on behalf of a child or an otherwise impaired adult. The legal guardian becomes the individual responsible for ensuring the child’s physical and emotional needs are being met and looking after their basic needs like housing, clothing, food, and health care. The legal guardian will advocate for their ward and exercise their legal rights when important decisions must be made.
In Kansas, a court-appointed guardian may also be granted the authority to manage the finances and the estate of the minor children or disabled adults. As the guardian, they are entrusted to always act in good faith and in the best interests of their wards.
Who is Eligible to Be a Guardian in Kansas?
In most family law cases, blood relatives and other family members or close family friends are selected to be legal guardians. Kansas courts frequently appoint grandparents, siblings, aunts, uncles, and other close family members as guardians. However, there are certain situations and circumstances where it may not be possible for a family member to act as a legal guardian, in which case a family law judge may have to look elsewhere. The state of Kansas partners with other programs to recruit volunteers willing to act as guardians for impaired adults and minors in need.
The parents are encouraged to name who they want to act as legal guardians for their minor children in their last will and testament. Failure to name a guardian in your will could result in the state making the decision for guardianship on your behalf. If you wish to ensure that the intended individual takes on the responsibility of guardianship, complete a last will and testament naming the designated individual today.
What Are the Different Types of Child Custody?
Kansas has several different types of child custody arrangements. However, there is no such thing as ‘full custody.’
Joint legal custody allows both parties to have some say in the major decisions in their children’s lives. These may include the child’s education, religious upbringing, health care, social activities, and more. With joint legal custody, both parents will have equal access to medical and school records. Kansas courts prefer joint legal custody over sole legal custody.
In cases of sole legal custody, the parents with primary custody do not need to consult with the other parent about important life decisions for their children. While both parents have equal access to school and medical records, the custodial parent is granted more legal rights.
Divided custody refers to a child living with one parent and another child living with the other. Each parent would then have visitation rights with the child in the other parent’s custody. This type of child custody is only used in rare cases.
In short-term circumstances, the courts may order non-parental custody if they believe that parents are unfit to provide care for the child or that the child needs care from a different adult. One example of non-parental custody is to grant a guardian or a grandparent custody of a child.
How is Child Custody Affected by Guardianship?
If parents have custodial relationships with their children, family law courts are unlikely to appoint a legal guardian. However, a court may deem it necessary to appoint a guardian if they believe doing so is in the child’s best interest. One exception to the rule is if a custodial parent becomes incapacitated. In such cases, the appointment of a legal guardian may become necessary.
What Legal Decision-Making Authority Do Guardians Have?
Child custody usually relates to either physical custody or legal custody of a minor child, and guardianship generally relates to the legal relationship of one party to act in the best interest of their ward. Guardians are typically entrusted only to control the day-to-day life decisions of the minor child.
Does Guardianship Override Parental Rights?
The mere fact that a minor child has a legal guardian does not mean that the parents have no parental rights. After the courts appoint a guardian, a custodial parent may still continue to have child custody rights. Even in cases where the parents do not have physical or legal custody, they may have a court order that grants them the ability to visit with their child.
Is Guardianship Temporary?
Parenthood is a permanent status unless parental rights are terminated. Guardianship, on the other hand, is temporary. Court orders begin and end guardianship, and in some cases, it may even have an expiration date.
Schedule a Strategy Session with Our Family Law Attorneys Today
Guardianship is a complex legal matter. If you feel that a guardian is challenging your parental rights, or if you are the guardian looking out for the best interests of a child in need of adult supervision and care, it is important that you retain professional legal counsel from experienced family law attorneys. Our Kansas-based law firm has extensive experience representing clients in complicated family law cases, including those involving child custody and guardianship disputes. To learn more about our legal services, we encourage prospective new clients to schedule an initial consultation with our legal team today.
You can schedule your strategy session by calling us at 913-514-0909.
