The Kansas state legislature recently repealed the Kansas statute providing for grandparent and stepparent visitation rights, KSA 23-3301, and replaced it with the Uniform Nonparent Visitation Act (UNVA). The Act expands visitation rights to grandparents, stepparents and siblings of a child. However, the requirements of the Uniform Nonparent Visitation Act may be more difficult for a nonparent to prove. The most notable difference between KSA 23-3301 and the UNVA is that the new law requires a nonparent to show that “[t]he denial of visitation would result in harm to the child.” This means there must be a “significant adverse [...]

Custody battles can be emotionally taxing, and even after a court has issued a custody order, challenges in co-parenting may arise. One common issue occurs when one parent refuses to allow the other parent their court-ordered parenting time with the child. This situation can be both frustrating and distressing, but there are legal options available to enforce a custody order and uphold your rights as a parent. There are various steps a parent can take to enforce a custody order. Some states offer specific forms online for parents without attorneys to file in their custody case. For instance, the [...]

Substance abuse is often a major factor in the breakup of marriages, and clients need to know how the presence of substance abuse will affect their case. When it comes to the division of assets and the financial aspects of a divorce, substance abuse typically won’t affect the Court’s ruling unless the spouse with substance abuse issues has used significant marital funds to support the addiction. On the other hand, substance abuse can have a substantial impact on the issues of child custody and parenting time. While simply drinking alcohol is not prohibited in normal parenting plans, if there [...]

Missouri recently revised § 452.375 R.S. Mo., which is the statute that lists the factors a judge must consider when making child custody and parenting time decisions. The biggest change to this statute is that Missouri now recognizes a presumption that 50/50 parenting time is in the best interests of a child. Although this is now the presumed standard, that presumption can be rebutted by showing by a preponderance of the evidence that it is not in the best interests of the child to award equal parenting time to the parents. In determining whether or not to rebut the [...]

If you are moving to Missouri from a different state and have a child custody order you want to make sure can be enforced or modified, it’s important to register it in the state of Missouri as a first step. To do this, one must first send to the court: (1) a letter requesting registration of the child custody order; (2) two copies of the child custody order, with one being certified; (3) a verified statement from you that to the best of your knowledge, said order has not been modified; and (4) your name and address, along with [...]

Determining a child custody arrangement and parenting plan with a detailed parenting time schedule is one of the many issues parties are confronted with during a divorce. Custody issues can easily turn into the most contentious issues during the divorce. Courts in both Missouri and Kansas consider a list of statutory factors when determining the child custody arrangement. One of the most common misconceptions is that there is a magic age where children can decide with which parent they want to live or what the parenting schedule should be. This is not accurate, and prior to becoming adults, the [...]

Parents who are subject to a custody order in the state of Kansas must follow a specific procedure outlined by state law before they can move a child from the child’s principal residence for a period of more than ninety days. First, the parent moving with the child must give notice to the nonmoving parent at least thirty days in advance. That notice must consist of a letter, sent through restricted mail, return receipt requested, to the last known address of the other parent. (See K.S.A. 23-3222). If a parent fails to notify the other parent, he or she [...]

If you are involved in a family law matter in Missouri or Kansas concerning minor children, you may have heard of a Guardian ad Litem (“GAL”). The role of the GAL is very specific and dissimilar to the role of your own attorney in such matters. At the request of either party or on the Court’s own initiative, a GAL may be appointed where custody or parenting time is at issue between the parties. These proceedings can include divorce actions, paternity actions, adoptions, modifications, etc. Whereas the appointment of a GAL is usually discretionary with the Court, in Missouri, [...]