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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...
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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

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?

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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,...
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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 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

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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

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

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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...
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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

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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: 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

1 Answer | Asked in Divorce and Family Law for Kansas on
Q: How can I obtain a divorce if my spouse refuses after 25 years of separation?

I have been separated from my spouse for over 25 years, and he has served time in prison during this period. I want to proceed with a divorce, but he refuses to agree to it. I have not yet consulted an attorney, and I'm unsure why he is against the divorce. What steps can I take to obtain a... View More

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answered on May 15, 2025

You’ve waited a long time for closure, and it’s understandable that you’re ready to move forward. In most states, your spouse’s refusal to agree to a divorce doesn’t stop you from getting one. You can file for divorce on your own as a no-fault case, usually citing irreconcilable... View More

1 Answer | Asked in Education Law, Juvenile Law and Family Law for Kansas on
Q: Will my 16-year-old son be taken away at a truancy hearing?

I'm concerned about my 16-year-old son's truancy. He has a disposition hearing set for May 22nd for charges of truancy and educational neglect. His attendance hasn't improved since the last court date as he refuses to attend school. The school and court have offered no support or... View More

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answered on May 15, 2025

You’re facing a deeply stressful situation, and it’s clear you care about your son and want to avoid further harm. At a disposition hearing for truancy and educational neglect, the judge will review what’s happened since the last court date and decide on the next steps. The fact that your... View More

1 Answer | Asked in Immigration Law and Family Law for Kansas on
Q: Are there restrictions for my Canadian newborn visiting Kansas, USA, for citizenship application?

I am an American and Canadian citizen, and my child's father is also an American citizen. My 2-month-old newborn is only a Canadian citizen. We plan to reside in Kansas City, USA, for at least two weeks while we consult with an immigration lawyer and start the citizenship application process... View More

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answered on Apr 30, 2025

When traveling to Kansas with your Canadian newborn, you'll need to bring your child's valid Canadian passport, birth certificate, and documentation proving your US citizenship. As Canadian citizens, your baby can enter the US as a visitor for up to six months without a visa, which gives... View More

1 Answer | Asked in Divorce, Landlord - Tenant, Domestic Violence, Family Law and Real Estate Law for Kansas on
Q: Am I entitled to joint assets in Kansas divorce if wife blocked access to account?

I'm currently in the process of getting a divorce after being married for 9 years in Kansas. My name is on the joint checking account and the deed to our home. During the divorce, my wife, who earns more than I do, transferred all the money from our joint account into another account, blocking... View More

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answered on Apr 13, 2025

In Kansas, during a divorce, assets like a joint checking account and the deed to a home are typically subject to equitable distribution, meaning they should be divided fairly, though not necessarily equally. Since your name is on the joint checking account and the deed to the house, you may be... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Kansas on
Q: I need help with getting on child support and with custody
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answered on Apr 13, 2025

To begin the process of getting child support and resolving custody issues, you will need to file a petition with the family court in your state. If there is no current custody order, you can request that the court establish custody and visitation terms, which will be important when determining... View More

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