Lawrence Adoption & Guardianship Attorneys

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Families can grow in many ways, and at Joseph, Hollander & Craft, it is our honor to help your family at every stage. Our Lawrence adoption and guardianship attorneys offer practical guidance and unwavering support to clients whose lives are changing in an exciting, and sometimes unexpected, way. Let us assist you in starting off on the right foot.

What Is the Adoption Process in Kansas?

The law surrounding adoptions in Kansas depends on the type of adoption and the age of the child. The first legal step involved in adoption is filing a petition with the court. The court may then order adoptive parents to complete state-specific requirements for adoption, such as home assessments and background checks. Depending on the circumstances, the court may need to obtain consent from the person to be adopted and/or the birth parents. The court requires the petitioner, the person who filed the adoption petition, to obtain an assessment by a court-approved agency or social worker. A criminal background check is also required.

If the court finds that all requirements have been met, receives all necessary consent, and determines that the adoption would be in the best interest of the child, it may issue a decree ordering the adoption to be finalized.

What Types of Adoption Do Your Lawrence Attorneys Do?

The Lawrence family law attorneys of Joseph, Hollander & Craft can help with:

• Step-Parent Adoption. JHC’s Lawrence, Kansas, adoption attorneys work with clients to foster and formalize their family relationships. We will help you understand the legal requirements and provide you with our objective legal advice regarding any potential issues. We will then advocate for you and your family in court.
• Kinship Adoption / Family Adoption. Our adoption lawyers assist other family members seeking to adopt as well. Whether you are a grandparent wanting to adopt a grandchild, an aunt wanting to adopt a niece, or an elder sibling prepared to take on the role of parent, we can help you with your kinship adoption needs.

Joseph, Hollander & Craft’s adoption lawyers can help families of every kind. We assist single individuals, LGBTQIA+ couples, and opposite-sex couples grow their families through adoption. Call our Lawrence adoption attorneys today to discuss your options.

How Does Guardianship Work in Kansas?

In Kansas, a guardianship is a temporary or permanent legal relationship that is created when one or more adults (“guardian” or “guardians”) are responsible for the physical, mental, emotional, and financial care of another person (“ward”) that are unable to make decisions for themselves due to due to their age, mental capacity, or an intellectually disability or impairment. A ward can be a minor child under the age of 18 with or without a disability or it can be an adult with an impairment that greatly affects their ability to care for themselves.

Creating a Guardianship

Any person can initiate a guardianship by filing a Petition for Appointment of Guardian which states, among other things, why the person filing believes the proposed ward is unable to care for or make informed decisions for themselves and should therefore be appointed a guardian.

When petitioning for appointment of a guardian for an adult with an impairment or a minor with an impairment, the petition must be accompanied by a report of examination and evaluation which describes, among other things: the proposed ward’s physical and mental condition, their cognitive functional abilities and limitations, adaptive behaviors and social and skills, and educational and developmental potential. If such a report does not exist the Court will order one be completed before a final decision is made.

Joseph, Hollander & Craft’s guardianship attorneys in Lawrence are available to help create or defend against the creation of a guardianship and help you understand the process so you know what is happening and why.

Temporary Guardianships

If, after the Petition for Guardian has been filed but before trial is held, a temporary guardianship may be ordered if the Court finds there is imminent danger to the physical health or safety of the proposed ward requiring immediate action to be take to protect the proposed ward. The appointment and authority of any temporary guardianship expires at the conclusion of the final trial. If, however, the Court determines that there is good cause to believe a proposed ward is in need of a guardian but does not have good cause to believe imminent danger to the proposes ward’s physical health or safety, the Court must deny the request and continue the matter for trial on the original petition.

Terminating a Guardianship

A guardianship can be permanent, created for a limited time, or natural “expire” (i.e. when a minor child without an impairment turns 18 years old or when the ward becomes deceased). Kansas statute also allows the court to terminate a guardianship if “no further need for the guardianship exists.”

At any time after a guardian is appointed anyone, including the ward, can file a petition asking the court to terminate the guardianship. The petition must state that the ward is no longer in need of a guardian because they are now mentally capable of making their own decisions, due either to a resolution in any previous impairments or sufficient improvements. Steps to completely terminate the guardianship may must include:

• Filing a verified Petition to Terminate Guardianship with the Court;
• An investigation and report about the ward’s current circumstances if the court does not believe the Petition to Terminate Guardianship; or
• A hearing on the Petition to Terminate Guardianship if the Court finds good cause for further proceedings.

Our Lawrence guardianship lawyers are here to assist in terminating a court-appointed guardianship and help get you or your loved one their autonomy back.

Frequently Asked Questions About Adoption and Guardianship in Lawrence

What does a Lawrence adoption lawyer do?

Joseph, Hollander & Craft’s Lawrence adoption lawyers listen to our clients’ goals and advise them regarding what legal options are available. We help our clients understand all eligibility requirements, assist them in preparing for the legal process, counsel them regarding potential complications that do or may arise, ensure the legal portion is handled efficiently and effectively, and take care of all legal drafting, noticing, and courtroom work.

Do you have to go through a legal adoption process to raise your sibling’s child?

In order to raise a child as your own — with all the rights an obligations of a parent — you must go through the adoption process. In adoption scenarios, family members are ideal candidates to become adoptive parents when they meet the legal requirements for adoption and are able to provide a safe and secure home to the child. If adoption is not appropriate under the circumstances, you may consider a guardianship. Contact Joseph, Hollander & Craft’s family law attorneys to discuss which option is best for your family.

What is the difference between guardianship and power of attorney?

A guardianship is a legal relationship established by a court order that begins with filing formal petition. It allows the guardian to make decisions on behalf of the ward, which can be a minor child with or without an impairment or can be an adult with an impairment.

A power of attorney, on the other hand, is a legal document created by someone who wants to appoint a person or persons of their choosing to make financial and sometimes healthcare decisions on their behalf. A power of attorney typically has much less court-involvement, as one of the main benefits of having a power of attorney document is to specifically, and ideally, keep matters out of the court to the extent possible.

Can you name a guardian in a premarital agreement or divorce decree?

Premarital agreements or “prenups” are legal documents detailing agreements in the event of a divorce (or sometimes death). They typically only deal with the division of marital assets and debts. As a matter of public policy, courts will not uphold provisions in premarital agreements that dictate custody and parenting time for future or existing minor children. Courts would be unlikely to uphold provisions on guardianship of a minor child for similar reasons: the best interest of the child are supposed to dictate all decisions regarding a child’s custody and care.

A decree of divorce, however, details everything from the division of furniture and bank accounts to child custody and parenting time. While a divorce decree could potentially name a preferred guardian in the event of one or both parents become incapacitated or deceased, a will or power of attorney might be a more appropriate means to address those issues.

Do godparents have any legal rights to their godchildren?

In the simplest of terms, no. A godparent does not have any legal rights over godchildren unless the godchild’s parents have explicitly decided or authorized otherwise. A godparent is typically chosen by a parent on ceremony when the child is baptized or christened in their religion. Some godparents wind up being named as legal guardians of their godchildren in the parent’s will, but, until the day comes when the parents die, there are no legal rights over a godchild from a godparent.

Can you help me terminate a guardianship?

Yes, our Lawrence, Kansas guardianship attorneys can help you terminate a guardianship with the court. You will need to petition the court to end the guardianship, showing why it should end (why the ward no longer requires a guardian). The petition can be filed by the ward, the guardian, or a third party.

Do You Have a Guardianship and Adoption Attorney Near Me?

Proudly serving Douglas County and the surrounding areas, Joseph, Hollander & Craft maintains an office in Lawrence at 5200 Bob Billings Pkwy, right at the intersection of Legends Drive. There is abundant parking. We also have additional offices in Overland Park, Topeka, Wichita, and Kansas City, MO.