This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Kansas USLegal Guide to Temporary Custody
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Multi-State
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US-GDE-05
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Word;
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FAQ
It's a common misconception that older children can refuse visitation with a non-custodial parent. On the contrary, until the child turns 18, the custodial parent must follow the visitation order and send the child for visitation. The only exception is if the parent believes the child is in immediate danger.
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.
If you are seeking a temporary order for child custody, residency, or parenting time, Kansas law requires that a ?parenting plan? be filed at the same time the request is made. This parenting plan must be served on the other parent at the same time the temporary orders are served.
In Kansas, you must file either a divorce, protection order, or parentage lawsuit to have custody issues decided. Generally, you can file any of these lawsuits in the county where you live. If the other parent lives in a different county, you can also file the lawsuit in the county where they live.
To award sole legal custody to a parent, the judge must find that it is not in the child's best interests for both parents to have equal rights in making decisions about the child. The court record must include specific findings of fact supporting the decision to award sole legal custody.
A parent could file for temporary custody as part of a custody proceeding as long as the parent files a proposed temporary parenting plan at the same time.
(UCCJEA 204). (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
Involuntary relinquishment: The natural parent's rights may be terminated on several grounds, such as abandonment without financial or emotional support for six months.