Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
Kansas USLegal Guide to Grandparent Visitation
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Multi-State
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US-GDE-04
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FAQ
Legally, grandparents do not have specific rights to see their grandchildren. The parents of the child have the right to determine who the child spends time with, including whether grandparents have any right to spend time with their grandchildren.
Kansas statutes allow stepparents to have visitation rights if it is in the best interest of the children involved. There are several factors that may increase your chances of obtaining a visitation schedule with your stepchildren, including: If you were married to the children's biological parent for many years.
Grandparents may file a petition in the county court where the child lives or in the court making custody and visitation orders regarding their grandchild.
39.0139. (1) Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department's caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section.
Grandparents in every state in the country have rights. They can gain custody or court-mandated visitation with their grandchildren. Grandparents' rights do not come from the Constitution, nor do they exist traditionally.
It occurs when grandparents are unreasonably denied meaningful opportunities to have a relationship and spend time with their grandchildren. It can vary from not being invited to a birthday party right through to no contact with the grandchild at all over a protracted period of time.
Some states are permissive because they do not have any firm laws on the subject of grandparent visitation. States including Hawaii, Tennessee, Washington, and California don't have firm laws because the state Supreme Court as well as the federal court system declared their prior statutes unconstitutional.
A grandparent may ask a court to appoint the grandparent as the child's legal guardian. A guardianship petition may be filed either with or without the parents' consent. The parents must be notified of the petition.