Kansas Adoption Agreement Providing for Visitation Rights by Natural Grandparents

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In 2000, in the case of Troxel v Granville, the U.S. Supreme Court addressed the issue of third party rights to seek court-enforced time with children. Within this context, a "third party" is somebody other than the child's parents. The Washington State statute examined in Troxel was not technically a "grandparenting time" statute, as it allowed "[a]ny person" to petition for visitation rights at any time. The Supreme Court held that the Washington statute was overbroad. This decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.


Following Troxel, many state courts have addressed the constitutionality of their grandparenting time statutes, and many state legislatures have revisited (or are in the process of revisiting) their statutes, either following or in anticipation of court decisions finding them to be wholly or partially unconstitutional.

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FAQ

Kansas statutes allow stepparents to have visitation rights if it is in the best interest of the children involved. There are several factors that may increase your chances of obtaining a visitation schedule with your stepchildren, including: If you were married to the children's biological parent for many years.

Kansas does allow visitation between grandparents and grandchildren, and between stepparents and stepchildren, even over the objection of a child's parent. However, visitation is not presumed, and the law surrounding this area is not only complex but is also relatively new.

You can request visitation by filing a petition in the district court of the county where your grandchild lives. To determine whether granting visitation is in the child's best interests, the Kansas courts will consider the following factors: The existing relationship between you and your grandkid.

The Differences Between Guardianship and Adoption in Kansas A legal guardianship is granted when one adult who is not the parent of the child obtains rights and legal responsibilities to care for the child. Conversely, an adoption permanently and legally places an adult in the position as the child's legal parent.

In a stepparent adoption, if a mother consents to the adoption of a child who has a presumed father or who has a father as to whom the child is a legitimate child under prior law or another jurisdiction, the father must give consent to the adoption unless the father has failed or refused to assume the duties of a ...

Kansas law makes it possible for a court to award grandparent visitation, even over a parent's objection. But whether you can succeed in a visitation petition depends entirely on the facts and circumstances of your case and on the evidence you present in court.

Age: While there is no law specifying a minimum age to adopt in Kansas, the adoptive parent(s) must be at least ten years older than the child being adopted. Marriage: Single parents may petition to adopt on their own. A married individual can't adopt on their own without the consent of their spouse.

Colorado Implements Troxel for Grandparent Rights The grandparents must show, by clear and convincing evidence, that the determination is not in the child's best interests. The grandparents must show, by clear and convincing evidence, that the visitation schedule they seek is in the child's best interests.

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Kansas Adoption Agreement Providing for Visitation Rights by Natural Grandparents