The adoption of a child is an incredible responsibility to undertake, and something that people choose to do under a number of different circumstances. And because of the gravity of the situation, the Kansas Courts will take great pains to ensure that not only is this measure in the best interest of the child, but that it is in your best interests as well. This is not something that a person can erase a few months later.
The skill to successfully navigate the appellate process is entirely different than the knowledge required to be successful at the trial stage, and is actually a relatively rare practice among most attorneys. The chances of a Court of Appeal overruling a lower District Court are often very low. This is why it is so important to consult with an attorney who has proven multiple successes at this level of litigation.
Child custody issues are probably the most emotionally draining litigation within the family Court. However, it is extremely common to see such actions brought to Court because of the intense ramifications of parenting a child separately. When a Court is asked to resolve a custody dispute, it will normally choose a parent to give the primary residency of the children to and order the non-primary residential parent to pay an order of support each month. When a Court is forced to make the decision, someone will go away extremely upset.
If you have been living in marriage for a period of 60 days within the State of Kansas, you are entitled to have your marriage dissolved by Kansas if you so petition. Most of Kansas divorces are initiated under "no fault" grounds or what Courts refer to as "incompatibility." Child custody issues involve separate jurisdictional grounds which can referenced in the Child Custody & Support section of this site. Along with having your marriage dissolved, the Court will determine issues including property and debt allocation, spousal support/alimony, child custody and support.
A protection from abuse action can be filed against a spouse, someone you are living with, someone you have formerly lived with, someone you are dating or have dated, or someone you have a common child with. An abuser is defined as a person causing or trying to cause injury to another, someone threatening bodily injury, or someone engaging in sexual acts with a minor under 16 years of age who is not the spouse of that person. Temporary orders of restraint will usually issue immediately upon the filing of the action along with any other orders the Judge feels are necessary to ensure the safety of you or your children.
The stated goal of the Kansas Juvenile Justice Code is to promote public safety, hold juvenile offenders accountable for such juvenile's behavior and improve the ability of juveniles to live more productively and responsibly in the community. Put simply, this allows the state to prosecute juveniles for crimes with rehabilitative measures as a consequence of adjudication as opposed to prison. However, if attempts at rehabilitation fail, an offender may be sentenced to a juvenile correctional facility.
In Kansas, even though a mother and father may readily admit the identity of the father, if the child was born out of wedlock there may be no legal determination of paternity. This can affect several issues including child support and parenting time. If the father is the presumed father according to K.S.A. 38-1114 and it is in the best interests of the child to have a relationship with this person, the Court may not even allow evidence to rebut the presumption, and can immediately make a finding of paternity.
Non-payment of child support or an order of maintenance can be enforced through the Court with contempt proceedings and in some circumstances, with a criminal prosecution. Parenting time enforcement is also a common item that may be brought before the Court with a citation in contempt. The Court has a wide variety of sanctions available for indirect contempt of Court, including monetary awards and jail time.