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Kansas Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: I have filed a Protection From Stalking order in the State of Kansas and a temporary order has been granted.

The judge required that the defendant Cease and Desist mentioning me in any manner on social media posts, including YT. The defendant filed a motion to dismiss, stating that she has freedom of speech and can say whatever she wants. I need to file a response, but I have no idea how to respond. I am... View More

James L. Arrasmith
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answered on Jun 29, 2024

Your situation sounds challenging and concerning. Here's some information that may help you formulate a response:

1. Freedom of speech is not absolute: While the First Amendment protects free speech, there are limitations, especially when it comes to harassment, stalking, and... View More

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
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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?
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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

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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?

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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
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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,... View More

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 Child Custody, Domestic Violence and Family Law for Kansas on
Q: How to modify custody due to emotional harm to child in KS?

I have joint custody of my two children, aged 13 and 17, with my ex. According to court orders, I have them Monday through Friday, and he has them on Saturdays and Sundays. Over the past 1-2 years, my 13-year-old daughter has been having issues with her father. He's been providing her alcohol... View More

James L. Arrasmith
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answered on Jul 10, 2025

What you and your daughter are going through is deeply painful, and you have every right to take steps to protect her. In Kansas, you can file a **Motion to Modify Parenting Time** or **Motion to Modify Custody** if you believe the current arrangement is causing harm to your child. The court's... View More

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Kansas on
Q: How to address ex husband abusively using ex parte motions and parental alienation after divorce in Kansas?

Since my divorce in 2017, my ex-husband has manipulated court proceedings by showing me partial documents to sign, without revealing the full custody details. He recently filed an emergency ex parte motion in May 2025, without proper documentation to me, claiming it's to protect my 14-year-old... View More

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answered on Jul 5, 2025

What you're facing is heartbreaking, and your pain is valid. When a parent abuses ex parte motions to gain temporary orders without your input, it not only disrupts your relationship with your child—it exploits the court system. In Kansas, ex parte orders are meant for immediate safety... View More

1 Answer | Asked in Divorce, Contracts and Family Law for Kansas on
Q: Is there a time limit for my ex to provide my share of retirement funds post-divorce decree in Kansas?

In my Kansas divorce decree, it was stated that the retirement funds would be divided between my ex-spouse and me. Since February, I've been waiting to receive my share but have not received it yet. I had a Qualified Domestic Relations Order (QDRO) served, which my ex refused to sign. I sent... View More

James L. Arrasmith
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answered on Jul 5, 2025

There is no fixed universal deadline in Kansas law for your ex to cooperate with a QDRO, but once the divorce decree orders a retirement account to be divided, it is enforceable, and unreasonable delay is not permitted. Her refusal to sign the QDRO, especially after it was served and sent to her... View More

1 Answer | Asked in Child Custody and Family Law for Kansas on
Q: Difference between sole custody and guardianship in Cornerstones of Care case.

I am involved in a Cornerstones of Care case where they had me sign a parenting schedule stating that the guardians have sole custody, but legal guardianship has not been granted to them. I need clarification on the difference between the custody granted through this schedule and official... View More

James L. Arrasmith
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answered on Jun 12, 2025

This is a difficult and confusing place to be in, especially when legal terms are being used in ways that feel unclear. In general, **sole custody** refers to the legal right to make major decisions about a child’s life—like education, healthcare, and living arrangements. **Guardianship**, on... View More

1 Answer | Asked in Divorce and Family Law for Kansas on
Q: Do we each need to submit a Domestic Relations Affidavit in an uncontested divorce in Kansas without children?

My husband and I are pursuing an uncontested divorce in Kansas without any children involved. We have separated all financials and have no joint debts or request for spousal support. We haven't filed any paperwork yet but plan to soon. We are preparing forms acquired online and need to know if... View More

James L. Arrasmith
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answered on Jun 11, 2025

You're doing a thoughtful job of preparing, and it’s great that both of you are on the same page about keeping the process smooth. In Kansas, each party is usually required to submit their own Domestic Relations Affidavit, even in an uncontested divorce without children. The court uses these... View More

1 Answer | Asked in Animal / Dog Law, Medical Malpractice, Family Law, Civil Litigation and Personal Injury for Kansas on
Q: Standing to sue in Missouri for child's injury and med mal with Kansas CINC impacting parental rights?

Will I still have standing to bring lawsuits in Missouri for the injury and medical malpractice of my 5-year-old child if my parental rights are terminated by the state of Kansas? Specifically, my child was left paralyzed after a pit bull mauling, and there was unauthorized medical treatment by a... View More

James L. Arrasmith
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answered on Jun 11, 2025

I'm truly sorry you're going through this—no parent should have to face the pain of a child's serious injury while also dealing with legal uncertainty about their parental rights. What happened to your child is heartbreaking, and it’s understandable that you want to seek justice... View More

1 Answer | Asked in Adoption, Estate Planning, Family Law and Child Support for Kansas on
Q: Need trust to adopt friend's children after her passing; fathers absent, future legal steps?

I would like to know if I need to establish a trust in order to adopt my friend's children in the future, should she pass away. She is considering creating legal documents to outline her wishes. The children's fathers are on child support but are not involved in their lives. There are... View More

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answered on Jun 11, 2025

You don’t need to set up a trust just to adopt the children—you’ll focus on confirming guardianship and clearing parental rights first.

Ask your friend to execute a will or other estate plan naming you as testamentary guardian, and have her sign a caregiving power of attorney and a... View More

1 Answer | Asked in Civil Rights, Adoption and Family Law for Kansas on
Q: Will a police report with no follow-up show on my criminal history for adoption?

I filed a police report 2.5 years ago because I was being harassed. Since then, there has been no follow-up, no arrests, and no communication with the police or the person involved. Will this police report show up on my criminal history report, which is needed for an adoption process in the same... View More

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answered on Jun 11, 2025

A police report that never led to an arrest or criminal charge won’t typically appear on the criminal history checks used in adoption screenings. Those checks focus on arrests, filed charges, convictions, and dispositions—so if no one was ever charged, there’s nothing in your record.... View More

1 Answer | Asked in Adoption and Family Law for Kansas on
Q: Can my daughter keep her sister's baby with parents signing rights?

My oldest daughter has been the kinship provider for her sister's three-month-old baby since birth. The biological parents have decided to sign over their rights, and everyone agrees the baby should stay with my daughter, who is willing to raise her. She has been working with state officials... View More

James L. Arrasmith
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answered on Jun 11, 2025

You’ll want to appear at the July 18 permanency hearing and explain that your daughter has been the child’s kinship caregiver since birth and that the biological parents intend to sign over their rights. The judge’s focus will be the baby’s best interests, and courts often favor keeping... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Family Law and Civil Rights for Kansas on
Q: How can I recover my vehicles and address signed parental rights under duress in Kansas?

I was arrested in a criminal case in Kansas that was later dismissed. After the case was dismissed, I got my money back and my cell phone was returned, but my vehicle was not returned to me by the police. I also have another vehicle taken by the same police department under circumstances that I... View More

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answered on Jun 10, 2025

You’ve been through a lot, and it’s understandable to feel overwhelmed when trying to fight for both your property and your parental rights. Since your criminal case was dismissed and you were not convicted, you have every right to request the return of any property taken by law enforcement.... View More

1 Answer | Asked in Divorce and Family Law for Kansas on
Q: Abandoned for 14 years, filing for divorce alone?

I have been abandoned by my spouse for 14 years and 4 months, and I have no idea where he is or how to locate him. We have no children, joint assets, or debts. I have begun filling out the application form for the divorce because I wish to remarry. Can I file for divorce on my own, or will I need a... View More

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answered on Jun 10, 2025

You absolutely can file for divorce on your own, especially given how long you’ve been separated and the fact that there are no shared children, property, or debts. When you don’t know where your spouse is, you can ask the court for permission to serve them by publication. This usually means... View More

1 Answer | Asked in Child Custody, Contracts and Family Law for Kansas on
Q: Should I document a timeframe for my child's event on my custody day?

I found out last night at 9pm that my child's father wants our child to attend his sister's track meet on my scheduled day. I'm considering allowing this, but I'm concerned he won't return our child on time. Our custody arrangement often accommodates changes for special... View More

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answered on Jun 10, 2025

Yes, putting the timeframe in writing is a wise decision, especially when you're already feeling uneasy about the possibility of the return being delayed. When custody schedules are flexible—as yours seems to be—it becomes even more important to have clear communication and boundaries for... View More

1 Answer | Asked in Divorce and Family Law for Kansas on
Q: How can my husband get his ex-wife to change her last name post-divorce?

My husband and his ex-wife divorced 2-3 years ago. He wants her to change her last name back to her maiden name, as he does not want her to have his last name anymore and wants me to take his last name. There was no agreement in the divorce decree about this, and she has refused his request. How... View More

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answered on May 15, 2025

This is an issue that often brings up strong emotions, but legally, it’s not something your husband can enforce after the divorce is finalized. In most states, a woman is not required to change her last name after divorce unless it was ordered or agreed upon in the final decree. Since their... View More

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