Divorce impacts your entire family. Chances are you will be facing a whole range of emotions ranging from anger to fear. Dealing with the legal process of divorce is stressful and requires an attorney who understands the legal process and will also take the time to explain the process to you as well as listen to your concerns and answer your questions.
Kansas law requires residents to have lived in the state for a minimum of 60 days prior to filing for divorce. Typically, divorce is filed on a “no fault” basis based on incompatibility. No fault divorce does not require one spouse to accuse the other of wrongdoing; the only requirement is to acknowledge that the parties have irreconcilable differences. Absent extenuating circumstances, Kansas requires a 60 day waiting period before a divorce can be finalized. Often during that waiting period, issues such as property division, child custody and support and visitation schedules are negotiated and the parties are able to reach a settlement which can be presented to and approved by the Court at the end of the waiting period. Other times, the parties are unable to reach an agreement and must rely on the Court to make a decision regarding contested issues between them. Regardless of what your case requires, we can help you through the process and ensure that your rights are protected.
Custody and Parenting Time
Kansas determines child custody and parenting time based on the best interest of the child. Many factors are considered in determining child custody and parenting time, including but not limited to the relationship of the child with each parent and the role each parent has played in the child’s life. Child custody generally pertains only to the physical residence of the child; Kansas law strongly prefers that both parents are active participants in the raising of their child whenever possible.
We believe that parents know their children better than anyone else and, whenever possible, we believe it is preferable for parents to reach an agreement on visitation and access to the child. We recognize that reaching such an agreement is not always possible, and in cases where parents are unable to reach an agreement regarding custody or parenting time, we stand ready to vigorously represent your rights. We have years of experience helping parents establish and modify custody and parenting time, and invite you to contact us to discuss your family’s particular issues.
Establishing paternity allows fathers to participate in the lives of their children as well as allowing mothers to get the financial help they need to care for their child. The legal process of establishing paternity is generally necessary when either the mother or father is denying parentage. The legal action is accomplished through court order and may require a DNA test.
Oftentimes, fathers have to prove paternity in order to have visitation with their children. Even in cases where the father is named on the birth certificate, the mother may deny he is the biological father. The primary goal of paternity actions are generally for the purpose of collecting child support; in some cases, the mother may bring the action and in other cases, the action may be brought by public welfare divisions.
Child in Need of Care
When a child is not attending school regularly, is a suspected victim of abuse or is not being properly supervised, the state or county may file a child in need of care petition asking the Court to find that a child is in need of care and removing the child from the custody of the parents. We have represented both parents and children in numerous Child in Need of Care (CINC) cases, and believe that competent and experienced representation is crucial in protecting the family’s rights in Child in Need of Care cases.
Kansas law provides a mechanism for grandparents to request visitation rights with their grandchildren. Grandparent visitation issues often arise after a divorce or the death of a parent. We have enjoyed great success in procuring grandparent visitation rights, and are strong advocates for the rights of grandparents and grandchildren.
Prenuptial and Postnuptial Agreements
Some couples determine that prior to getting married they will reach an agreement that delineates what will happen should they divorce. This type of agreement helps protect both parties; particularly if one or both had significant assets or debts coming into the marriage. Likewise, some couples decide after marriage to draft a similar agreement called a postnuptial agreement. Postnuptial agreements may be executed at any time after a marriage. The overall agreement typically includes language that spells out property division and division of debts and other assets. If you are considering either type of agreement, The Bolton Law Firm, LLC, can help.
Guardian Ad Litem for Divorce and Custody Cases
When parents cannot seem to agree on custody issues, a parenting plan or other matters pertaining to their child during a divorce or in establishing or modifying custody or parenting time, the court may appoint a guardian ad litem to represent the interest’s of the child. When asked to fill that role, our obligation is to always represent the best interest of the children involved. In some cases, we have had clients ask us to have a guardian ad litem appointed to be an independent arbiter to ensure the children involved in a divorce have their interests taken into consideration; particularly during custody battles between parents.
We understand firsthand that family law matters can get complicated and are nearly always very emotional. When you need a family attorney to assist you with family matters, you need a compassionate and caring person who will listen to what you have to say and act as a strong advocate for your rights. Contact The Bolton Law Firm, LLC at (620) 224-0732. We provide a full range of family law services throughout eastern Kansas.