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Process of Establishing Temporary Guardianship To establish temporary guardianship a petition needs to be filed with the court stating why temporary guardianship is being sought. The main component Kansas courts require is evidence of imminent danger to the ward's physical health or safety.
Under Kansas law, a person can become a temporary guardian of a minor child by filing a petition in probate court. A guardian is a person that the court appoints to act on behalf of a minor or impaired person, called a ward. A guardian ensures that the ward's personal health, safety and welfare are secure.
It is not required to hire an attorney if you wish to establish guardianship, however it may be beneficial to seek legal counsel when approaching the complicated process.
Temporary guardianship authority cannot be granted for longer than thirty days at a time. It can be periodically extended by the court, and it will automatically terminate when the hearing on long-term guardianship is concluded.
A petition for temporary guardianship may be necessary if during the pendency of a proceeding, it appears there is imminent danger, that the physical health or safety of the proposed ward will be seriously impaired unless immediate action is taken.
To establish guardianship of a minor in Kansas, you must file a petition and other necessary court documents. This filing initiates the process, then service must be made and a court hearing must be attended.
Kansas Legal Services gives free or low cost civil legal advice and representation for persons whose incomes make them eligible. You will find out if you are eligible for legal assistance by talking with an Intake Specialist, whether you apply online or call our intake line.
A guardianship is NOT a termination of parental rights. The parents may rectify the conditions which led to the appointment of the guardian and if the court determines it to be in the best interest of the child to terminate the guardianship, the court may do so.