Does anyone know if Grandparents have rights?

Question

Do you know if Grandparents have rights to see their grandchildren in Kansas?

Answer 1

Grandparent's rights are hard to prove in any state. In order for grandparents to be granted visitation the court wants evidence that it will be in the best interest of the child for the grandparents to have contact with the children. What further complicates the case is that the court does not want to interfere with the parenting of the child (so long as the child is not being harmed by the parents).

It's actually easier in most jurisdiction for grandparents to obtain custody of children then it is for them to obtain visitation. That is because if the parents are not properly taking care of the children, then the court will look to the grandparents as the first logical replacement for custody. But, in a visitation case the grandparents are not seeking visitation because the child is being harmed or neglected (if that were the case the grandparents would be seeking custody). They are usually seeking custody because they have no contact with the parents and the parents are denying them access to the children. While there is nothing legal saying the parents have to grant them access, there are some cases where the court will rule in the grandparents favor.

In most cases if one of the parents is deceased, then the deceased parent's parents can be granted visitation. This is also true if one of the parent's is incarcerated, serving overseas or in some cases if the parent himself (or herself) has no contact with the child (by choice or through court order).

The only other case where grandparents have a good shot at getting visitation is when the child lived with, or was raised by the grandparent for a significant amount of time. In that case you can argue that it would be determental to the health and welfare of the child to sever that relationship.

If you do wish to go for visitation then you can pick up a petition in the family court of county where the child resides. You would benefit from hiring a really good, very experienced family law attorney. He will need a build a strong case to prove that it will benefit the child for you to have visitation. Should the case go to trial, expect to be in court for anywhere from several months to a year or more.

On a personal note, grandparent visitation cases are messy and ugly. In most cases the grandparents do not win and it tears the family further apart. Before filing a petition I would urge you to consider trying to work it out diplomatically. You'll have a better chance of seeing the child, and will not bankrupt yourself in the process.

Answer 2

Kansas Grandparent’s Rights
Grandparent Rights to Visitation: Visitation may be granted in a custody order. Kansas Statutes Annotated, Section 601616 (K.S.A. §60-1616).

When Adoption Occurs: Adoption terminates rights unless you are the parent of the child’s deceased parent and the surviving parent’s spouse adopts.

Child Custody Statutes: Best interest of child considering: (1) any agreement of the parties; (2) length of time child has been under actual care and control of any person other than a parent and the circumstances involved; (3) desires of the parties; (4) desires of child; (5) interaction and interrelationship between child and parties, siblings and other significant persons; (6) child’s adjustment to home, school and community; (7) each party’s willingness and ability to respect and appreciate the bond between the child and the other party; (8) any evidence of spousal abuse; and (9) any other relevant factor. K.S.A. §60-16-1610(a)(3). Four types of custody are recognized, in the following order of preference: (1) joint; (2) sole; (3) divided (if 2 or more children); and (4) non-parental. K.S.A. §601610(a)(3).

Parents May Choose: Yes


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Answer 3

Please help me,im raising my 10yr old grandson (have been fror 90% of his life,lives with me 90% of his life,still does)parents had drug problems and mother has gotten life together the past 3 1/2 years and agreed on his best interest to let him remain with us and not uproot him,father (who has not been in his life but maybe 10% wants visitation n custody now,only because CS office wouldnt let him suspend his CS(which he has never paid to begin with ,always in n out of prison and just claims he dont work and now applying for disability and mad cause CS wont suspend or stop his payments ,hes not doing the proper process is why it wasnt suspended).I NEED TO KNOW WHAT RIGHTS I HAVE AS A GRANDPARENT,HE WAS PLACED IN MY CARE THRU DSS N CPS YEARS AGO and when my daughter got her life together she could get him back but she knew that would do more harm to him by taking away his stability so please someone HELP ME?

Answer 4

Wisconsin Statute 767.forty three, previously 767.245, supplies for "fair visitation rights" for grandparents, fine-grandparents or different folks who've maintained a courting with a little one that's very similar to a dad or mum-little one courting. The court docket is directed to behave within the great curiosity of the little one and to recall the needs of the little one every time viable. A distinct grandparent visitation provision relates to "non-marital" youngsters. This distinct provision does now not require the presence of a dad or mum-little one courting for a grandparent to win visitation. Instead, the grandparent ought to have maintained a courting with the little one or ought to have tried a courting with the little one however been avoided from doing so by means of the little one's custodial dad or mum. In addition to seeing that the great curiosity of the little one, the court docket ought to even be convinced as to the paternity of the little one and ought to additionally uncover that the grandparent will abide by means of selections made by means of the little one's dad and mom related to the little one's "bodily, emotional,academic or non secular welfare."

Answer 5

They do, but they will probably need to file a petition through the courts for visitation rights.

Answer 6

5 years ago the U.S. Supreme Court denied grandparental rights, which superceded all state law.

Answer 7

They do you do have to go through court and it could take a while so hang in their!

CC