Grandparents’ Rights Lawyer in Kansas City

Home » Kansas City Family Law Attorneys » Grandparents’ Rights Lawyer in Kansas City

In the event of a divorce, a parent’s death, or any legal proceeding involving child custody, the immediate concern is typically focused on maintaining a relationship between the parent(s) and their children. The grandparents’ interests do not take priority. Still, grandparents can, in some cases, successfully petition the court for rights with regard to their grandchildren.

Having an experienced attorney can help you assert your rights as a grandparent, especially when they are complicated by other legal issues. That’s where the family law attorneys of Joseph, Hollander & Craft come in. We represent grandparents in Kansas and Missouri concerning visitation with and custody of their grandchildren.

What Are Grandparents’ Rights?

Courts usually defer to the judgment of a child’s biological parents when it comes to parenting. This means that judges do not automatically look beyond the parents in custody and visitation matters.

In a typical case, the court will defer to the parents and let them decide whether grandparents can see the children, but that doesn’t mean grandparents never have a say. They may have the right to ask the court to allow them to have visitation and even custody of their grandchildren. These cases are usually preceded by a major event affecting the parents and the child, including but not limited to:

• A separation or divorce filing
• The death of a parent
• A custody or visitation proceeding
• Some major event affecting the child

The burden of proof lies with grandparents in showing that the custody or visitation they are advocating for are in the best interests of their grandchildren. All custody and visitation issues, including those that implicate the grandparents’ rights, are subject to this best interests standard.

What Do Grandparents Have to Prove?

Grandparents who wish to exercise visitation or custody rights should be aware of the legal standards and practical considerations at play in a case involving children.

The Best Interests of the Child

Primarily, whatever the grandparents want must be in the best interests of the grandchild. This means that the requested arrangement must enhance the child’s physical or emotional health, academic performance, safety, and/or overall well-being. The grandparents should be ready to contrast the predicted outcome of their proposal with whatever the parents want.

Grandparent Rights Should Not Interfere with the Parents’ Rights

Grandparents’ rights exist because courts recognize the strong bond that many grandparents have with their grandchildren. They should not be deprived of time with their grandchildren just because the parents do not get along. Nonetheless, grandparents’ visitation rights cannot interfere with the parents’ rights. If the parents can show that they do, or that grandparent visitation would somehow harm the child, the court may deny the request.

The Parents Are Unable to Act in the Child’s Best Interests

When requesting custody, the grandparents must show that the parents are not able to act in the child’s best interests. Their continued custody may even be harmful to the child. Many of these cases involve:

• Drug or alcohol abuse
• Domestic violence
• Incarceration
• Abandonment
• Homelessness
• Unemployment
• Negligence
• Incapacity
• Death of either parent

All of these circumstances can threaten the relationship between the grandparents and their grandchildren, or otherwise harm the child. For instance, one parent may die and leave behind a parent who struggles to properly care for the child.

Even though the remaining parent may not want to relinquish custody, that parent may be unfit to parent the child. The court has to act primarily in the child’s best interests, not according to what the parents (or the grandparents) want.

The Grandparents Have a Strong Relationship with the Grandchild

In some scenarios (particularly when seeking visitation rights), the grandparents should be able to demonstrate the nature of their bond with their grandchildren. The most compelling grandparents’ visitation rights cases are those in which the grandparents have played an active role in the child’s life over an extensive period of time.

There are even some cases in which the grandchildren have lived with their grandparents at some point in their lives. The stronger the relationship, the more likely the judge will be to grant the request.

Petitioning the Court

If you’re a grandparent who wants visitation or custody, you will have to file paperwork with the Kansas or Missouri court that has jurisdiction over the child. A grandparent may file for:

• Visitation (the parents keep custody, but the grandparent gets legal authority to spend time with the child)
• Guardianship (this may be temporary or permanent, but it allows the guardian to make decisions in the best interest of the child)
• Adoptions (in this scenario, the grandparent becomes the legal parent to the child)

Setting the Hearing

Once the petition is filed and served in accordance with the rules of civil procedure, a hearing will be set. At this hearing, the court will consider evidence and arguments both for and against the petition.

It may also be possible to resolve the dispute in mediation. Some courts order home studies to ensure that the grandparents can accommodate the child’s needs.

Evidence that May Support Your Case

Whether you need to litigate the matter or you can settle it, you will have the burden of proving the allegations in your petition. This requires substantial evidence related to the best interests standard, your fitness to exercise visitation or custody rights, and your relationship with your grandchildren. All of the following may be useful forms of evidence in your case:

• Photos and videos
• Written communications with the grandchild
• Affidavits and eyewitness testimony
• Financial evidence
• Prior court orders
• Domestic violence allegations
• Police reports

Your attorney will review the facts of your case, including the allegations you are making. Your attorney will also consider the likely responses from the parents and anticipate the evidence they are likely to introduce in their favor. This will help your lawyer determine the type of evidence you will need to present.

Interstate Complexities of Grandparents’ Rights

Not all grandparents reside in the same state as their grandchildren or the children’s parents. This can raise interstate complications, so you will need experienced legal counsel who can recognize and prepare accordingly.

Our firm’s attorneys practice in both Kansas and Missouri, which allows us to matters that may affect your custody or visitation rights in either state. We can take the steps necessary to address these issues and explain how they impact your case.

Experienced Grandparents’ Rights Attorneys Ready to Serve You

If you have questions about your rights as grandparents or wish to pursue custody or visitation, contact Joseph, Hollander & Craft. Our office is located on the corner of 10th & Cherry Street in Kansas City, MO, close to the Jackson County Courthouse. We have additional offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience.