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Kansas Family Law Questions & Answers
1 Answer | Asked in Family Law for Kansas on
Q: How do I challenge a guardianship and request to be successor guardian/conservator of my adult disabled son? What steps
James L. Arrasmith
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answered on Mar 23, 2024

To challenge a guardianship and seek to become the successor guardian or conservator for your adult disabled son, you must begin by understanding the legal procedures in your state. First, research or consult with an attorney to gather information about the necessary legal forms and documents. You... View More

1 Answer | Asked in Child Support and Family Law for Kansas on
Q: How does child support work in Kansas? Can my ex-wife come after monies over 40 hours a week?
T. Augustus Claus
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answered on Feb 8, 2024

In Kansas, child support calculations are based on several factors, including both parents' incomes, the number of children, and the time each parent spends with the children, among other considerations. The state uses specific guidelines to determine the amount of child support, aiming to... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Kansas on
Q: Is it possible for a biological mother to Precede in adopting her biological child, while child still awared of to state

I found my son could it be possible the biological mother wanted to revoke having to sign her rights over due to complicated situation's

T. Augustus Claus
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answered on Jan 30, 2024

In Kansas, a biological mother may have the possibility of adopting her biological child, even if the child is currently in the custody of the state, under certain conditions. This process typically involves the mother demonstrating a significant change in circumstances or improvements in the... View More

1 Answer | Asked in Family Law and Child Support for Kansas on
Q: we have a shared expense plan, and my ex is refusing to pay his half of one of the items on the list. Want should i do

so we had a hearing yesterday and got child support established but he is not paying his part of one of one of the items on shared expenses. Right now, he owes me about $900 dollars. I have spoken with him about it and he refuses to pay for any of it. What can i do to get the money that he owes me?

T. Augustus Claus
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answered on Jan 4, 2024

If your ex-spouse is refusing to pay his share of shared expenses, you may take several steps to address the situation. Start by documenting all communication attempts regarding the unpaid amount, including any messages or conversations where he refused to contribute. If there is a court order or... View More

1 Answer | Asked in Child Custody and Family Law for Kansas on
Q: If a legal guardian gives a minor drugs...what happens to the minor children in the house
James L. Arrasmith
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answered on Dec 31, 2023

In Kansas, if a legal guardian is found to be providing drugs to a minor, this is a serious legal issue that can lead to criminal charges against the guardian. The well-being of the minor and any other children in the household becomes a primary concern for the authorities.

In such cases,...
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1 Answer | Asked in Family Law and Child Custody for Kansas on
Q: Can my ex pick my daughter up on my weekend per court agreement just cause I work for few hours and she’ll be with my gf

Basically when we split 6 months ago we set visitation schedule my turns were the days she worked so from 9-2pm and no over nights because of she didn’t want mt daughter around my new girlfriend. Well then she would stop letting me see her anytime I did anything she didn’t like put pics of my... View More

Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
answered on Dec 8, 2023

Typically, visitation agreements are established by court orders. If your court order doesn't explicitly prohibit your daughter from being with your girlfriend or being left with your mom during your scheduled parenting time, it's advisable to adhere to the terms outlined in the court... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Kansas on
Q: I’m the POA & next of kin. Mother passed away, am I responsible for planning the funeral? Family disagreement over it
William K. Hayes
William K. Hayes
answered on Nov 8, 2023

Your power of attorney terminated upon the death of your mother. Assuming that your mother had no other estate planning documents, until someone is legally appointed to represent your mother's estate, it is best that you make it a group decision regarding the planning of the funeral. If your... View More

1 Answer | Asked in Family Law and Real Estate Law for Kansas on
Q: What rights do I have as a joint iowner of property
T. Augustus Claus
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answered on Oct 17, 2023

As a joint owner of property in Kansas, you have the right to use and enjoy the property, exclude others from the property, transfer your ownership interest, and force the sale of the property if you cannot agree with the other joint owners on how to use or dispose of it. You also have the... View More

2 Answers | Asked in Child Custody and Family Law for Kansas on
Q: Does the court look at our children as our property?
T. Augustus Claus
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answered on Sep 14, 2023

No, the court does not consider children as property. In family law and custody matters, children are not viewed as possessions or property of their parents. Instead, the court's primary concern is the best interests of the child.

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1 Answer | Asked in Child Custody and Family Law for Kansas on
Q: Can they keep somebody away from their child and keep them from living with their spouse and stepchildren

With this kind of case Agg. Indecent Liberties,chld<14; off>=18,lewd f/t

T. Augustus Claus
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answered on Aug 1, 2023

In cases involving serious criminal charges like Aggravated Indecent Liberties, which involve offenses against minors, the court may take certain measures to protect the safety and well-being of the child involved. This could include restraining orders or other protective orders that limit contact... View More

1 Answer | Asked in Bankruptcy, Divorce and Family Law for Kansas on
Q: My husband moved to Florida we are not legally separated so could I file for divorce and bankruptcy at the same time?

If I file for bankruptcy and he gets very upset and filed for divorce how would that affect my bankruptcy? Can he try to get me to pay the debt in the divorce?

Sonya Jackson
Sonya Jackson
answered on Jul 14, 2023

You can file your bankruptcy case and your divorce case on the same day. However, from a practical perspective, it may make more sense to get your bankruptcy behind you before filing for divorce. This is because, by having the debt discharged before the divorce, you reduce the number of issues that... View More

1 Answer | Asked in Divorce and Family Law for Kansas on
Q: Ex-wife refuses to pay bills whats my next step?

Judge ordered my ex-wife to pay the electric bill in my name she ran up to 2400$, 1/2 of the phone bill and to sue her ex boyfriend for taking my USMC Items. What's my next step?

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

Don’t fall in the trap of paying the electric bill or her half of the phone bill.

Let the utility provider discontinue service.

Then get new electric service only for your separate residence with a different electricity provider and new cell phone service only for your own cell...
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1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Kansas on
Q: hello, i am 16 years old and i have ran away. how i can continue working at my job and enroll in school?

i turn 17 in november, and am adopted.

Todd B. Kotler
Todd B. Kotler
answered on May 14, 2023

I am very concerned for you. Please seek out the assistance of an agency for at-risk youth or even the department of job and family services. I am assuming since you are still working a job you are within the same community as your parents, You may ask the school and work to change your address... View More

1 Answer | Asked in Contracts, Banking, Estate Planning and Family Law for Kansas on
Q: I think I need to Sue my mother for Breach of Trust, for mishandling my Irrevocable Trust.

She either dissolved my trust fund, or removed me as beneficiary? She provided me with no paperwork, at the time she handed me $7000.00 check, and told me the money was gone. Which I know, IS Not True; my Trust was $250,000.00 and I Definaty did NOT spend all that money!! Also, I noticed in public... View More

James L. Arrasmith
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answered on Mar 11, 2023

I'm sorry to hear about your situation. If you believe that your mother has mishandled your Irrevocable Trust, you may want to consider speaking with an attorney who specializes in trust and estate law to explore your legal options.

To prove a breach of trust, you will need to...
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1 Answer | Asked in Child Support and Family Law for Kansas on
Q: If my ex moves to Arkansas where I live, shouldn’t the support order end for Missouri?

My ex girlfriend filed for support in Missouri. Before the case was ordered, she moved here to Arkansas so my son could be closer to me. Shouldn’t that end the support order in Missouri?

John Michael Frick
John Michael Frick
answered on Feb 5, 2023

No. Under the Uniform Child Custody Jurisdiction Act, if Missouri had jurisdiction when the case began, it continues to have jurisdiction until a final order is entered.

Once a final order is entered, under the Full Faith and Credit Clause of the US Constitution, any other state must give...
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1 Answer | Asked in Real Estate Law and Family Law for Kansas on
Q: I am inquiring about my rights as a co owner of a property and house that is in mine and my siblings names

My siblings are trying to evict me out of a home we all own together ßo they can sell it and we dont wish to sell it

Anthony M. Avery
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answered on Oct 17, 2023

Tenants In Common cannot oust other TIC's from possession. You should be able to get any civil possessory action dismissed against you. A Partition Action may be needed.

1 Answer | Asked in Family Law for Kansas on
Q: If a person has legal power of attdorney or durable power attorney does this apply when you die
John Michael Frick
John Michael Frick
answered on Oct 3, 2023

No. Any power of attorney you sign ends automatically when you die. You should have a Last Will and Testament naming an independent executor to handle your estate when you die.

1 Answer | Asked in Family Law for Kansas on
Q: Can I leave the state with my son legally? He’s 18 months. Separated not divorced, no court orders. Kansas.

All my family is out of state. Husband kicks me out of house. Worried he could say I kidnapped my own son, even though he’d know where we are and can still call whenever he wanted.

Thank you for the help

John Michael Frick
John Michael Frick
answered on Jul 10, 2023

If you are your son's legal parent, you can go where you want with him unless there is a court custody order stating otherwise.

1 Answer | Asked in Child Custody, Divorce, Family Law and International Law for Kansas on
Q: I married a British woman while she was living in the US. We got pregnant and decided to have the child in England since

It was free. Since then we have split. While visiting she refused to allow my child to go to the embassy to get a USA social security number. She refuses to come back to the US for a divorce because she doesn’t want to go through a custody hearing. What can I do to get joint custody and get... View More

David Luther Woodward
David Luther Woodward
answered on Feb 10, 2022

You can probably sue her in the U. K.

Filing suit here would require you to have personal service of process on the spouse, which is not impossible, but tricky.

BTW, the child probably is a dual citizen, and that is a prileged status. He should not only a British but also an...
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1 Answer | Asked in Family Law for Kansas on
Q: Can you block your children from seeing certain people in Johnson County, Kansas.

I was arrested for slapping my now 9 year old step daughter about 19 months ago. My wife was the one who reported it. I got help voluntarily and as mandated in my diversion agreement. I have had no contact with my step daughter in over 18 months. My wife and I were separated for 18 months and we... View More

Caroline Bundy
Caroline Bundy
answered on Jan 28, 2021

A parent can seek to prohibit certain people from being around their child if contact is no in the best interest of the child. Since you were arrested for slapping that child, it would make sense that the parent would seek such a prohibition. If it gets taken to court, it would be best to compile... View More

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