Kansas has enacted a statutory scheme that provides grandparents of minor children the right to petition a court for visitation rights. Technically, this process can begin one of two ways:
- The grandparents may intervene in a pending divorce proceeding; that is, the divorce of the children's parents
- The grandparents may file a petition for grandparent visitation in the county where the grandchildren reside
What is Kansas’s Third Party Visitation Statute?
Laws regarding grandparents' visitation rights are found in K.S.A. § 23-3301. Ultimately, in order to prevail in a court proceeding for grandparent visitation rights, grandparents must prove that there is a substantial and continuing relationship between the grandparents and grandchildren, and it is in the best interest of the minor children to continue that relationship.
Although the court is legally obliged to give due consideration to the judgment of the parents in this regard, it is possible for the court to award grandparent visitation even over the parents' objections. Convincing a court to grant grandparent visitation rights over parental objections depends on the particular facts of your case. Contact the experienced Johnson County divorce lawyer from Martin & Wallentine as soon as possible to evaluate your case.
Choose Martin & Wallentine for Quality Representation
At Martin & Wallentine, we carefully evaluate the facts of your case upfront. We listen to our client's goals and work with them to prepare and implement a legal strategy even before a petition for grandparent visitation is filed. We have legal experience counseling both sides regarding grandparents' visitation rights.
Whether you are a grandparent seeking visitation rights, or a parent who wants to oppose a petition for grandparent visitation, call us today to see how we may be of help.
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"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska