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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.
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.
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.
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.
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.
The key difference is the child's parentage: custody describes a parent's care of a child, in contrast with legal guardianship, which is granted to someone not the child's biological parent.
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.