Get KS Information for Grandparents 2013-2024

Under Kansas law, grandparents have a legal right to request court-ordered visitation with their grandchildren after a divorce, the death of a parent, or other legal proceeding involving child custody.

Generally, however, judges will always hear from children aged 12 and older. For younger children, courts may speak with children to determine their maturity before factoring the child's preference into the custody decision.

In some states, children have the right to choose which parent to live with once they have reached a certain age. While child custody laws in Kansas do allow courts to take a child's wishes into account, the judicial standard dictating child custody decisions is the best interest of the child.

Generally, however, it's incumbent upon the judge to decide whether a child is mature enough to have a reasonable opinion. A precocious 10-year-old might be permitted to voice her preference, while a learning-disabled 14-year-old might not be.

Kansas courts prefer to award joint legal custody to both parents, unless it is in the best interests of the child to award sole legal custody to only one parent. In Kansas, a judge, not a jury, decides how to divide legal custody and residency of the child based on what is in the best interests of the child.

A judge might not honor a 14-year-old's wishes, but will almost always accommodate a 17-year-old. An 18-year-old can usually make her own decision without court approval, even if she is still in high school, if her state's age of majority is 18.

In Missouri, grandparents have a legal right to ask for reasonable visitation so long as it is not excessive or overly intrusive on the family. This right only applies to biological grandparents and may be exercised if: the child's parents are married and file for divorce or legal separation.

Do they have a right to see their grandchildren by virtue of being closely related? The short answer to this is, no - grandparents do not have any automatic legal rights. You can, however, apply for rights to see your grandchildren under the 1989 Children's Act, providing you have leave from the courts to do so.

In some of these states, the parents' marital status is considered only if the grandparent or grandparents have been denied visitation by the parents. ... A minority of states require that at least one parent is deceased before a court can award visitation to the parent of the deceased parent of the child.

South Dakota is usually classified as a permissive state with regard to visitation rights. Tennessee laws aim to protect the rights of parents. Texas requires that grandparents meet the harm standard in order to win visitation. Utah provisions for grandparent visitation have been steadily chipped away by case law.

In fact, barring a court order, a parent has the constitutional right to say no. If a court order has been granted, a parent will need to file a petition with the family court to modify or revoke a grandparent visitation order to stop the visitation.

A court may grant visitation if one parent is deceased, or the parents are divorced or separated. The court must consider the relationship between the grandparent and the child, as well as the parent and the child. Adoption cuts off all visitation rights of grandparents.

Grandparents only have the right to ask for visitation. They do not have a guaranteed right to visit and see their grandchildren. If you currently have a visitation court order, you have the right to have that order enforced.

Figure out if there is a family court case already open. ... Fill out your court forms. ... Have your forms reviewed. ... Make at least 3 copies of all your forms. ... File your forms with the court clerk. ... Get your court date or mediation date.

Child Visitation Laws Approximately 20 states have "restrictive" visitation statutes, meaning that generally only grandparents can get a court order for visitation -- and only if the child's parents are divorcing or if one or both parents have died. ... Courts have made contradictory rulings.