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  1. #1
    Join Date
    Nov 2007
    Location
    Kansas
    Posts
    2

    Question Abandonment for Seven Years and the Rights of That Parent

    KANSAS

    Hello. I have a 15 year old daughter who, until today, has not seen her father for 7 years. In September of 2000 he brought our daugther home from his weekend visitation and never returned or called again. Since that time my daughter suffered many emotional and behavioral problems. A year ago things had gotten so bad that she was failing all her classes and getting in trouble with the law. I was ready to send her to a Ranch for troubled teens. My brother stepped in and offered to take her to live with him a couple of hours away. We discussed it and I decided that it would be the best thing for my daughter. So, I signed a Temporary Guardianship form allowing my brother to put my daughter on his insurance, enroll her in school and handle any medical emergencies that arrise. At the time, it had been 6 years since we had seen or heard from my ex husband and I had no idea how to contact him since he had moved a few years before. He was also over $4000 in arears on his child support.

    A couple of weeks ago, my daughter contacted her fathers Grandparents and got ahold of her fathers phone number. She called him and he said he wanted to see her. However, he would not speak to me or some to our home to get her. He told her it was my fault he had not seen her for the past 7 years. My brother stepped in and discussed the situation with my ex-husband. He explained the living situation and that my daughter was now an A - B student with good solid friends and happier than she had been for a long time. My brother also explained that WHEN my ex DID pay his child support, I sent it directly to my brother in order for him to buy my daughter clothes, shoes, put money on her lunch card, or anything else she needed. My ex was livid. He said that since we had joint custody he should of been notified. Now he is trying to make all sorts of demands on how he will visit his daughter and how he will have no contact with me.

    My questions are this:

    1. What is the Kansas law on Abandonment by a parent?
    2. What are the rights of that parent if they decide to come back into the childs life?
    3. Can I stop that parent from having any visitation at all?
    4. Is there anything that parent can do about me giving my brother temporary guardianship?

    I would really like to know. He is already insinuating that he is going to try to have his child support stopped, asking for copies of the Guardianship papers, which I have refused to allow so far. Please, some legal advice would be greatly appreciated. Thanks!!!

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Abandonment and the right of that Parent after 7 years

    Unless his parental rights are terminated, or you go to court to modify it, visitation is the same as it was previously.

    Statute: §§ 13-1563(h); 38-1583; 38-1585

    Circumstances That Are Grounds for Termination

    Abandonment or Extreme Parental Disinterest

    Abuse/Neglect

    Mental Illness or Deficiency

    Alcohol or Drug Induced Incapacity

    Felony Conviction/Incarceration

    Failure of Reasonable Efforts

    Abuse/Neglect or Loss of Rights of Another Child

    - Select One - General Info I am Pregnant I Want to Adopt Adopt Internationally China Guatemala Russia Ukraine Site Map
    Sexual Abuse

    Failure to Maintain Contact

    Failure to Provide Support

    Child Judged in Need of Services/Dependent

    Child's Best Interest

    Child in care 15 of 22 months (or less)

    Felony assault of child or sibling

    Murder/Manslaughter of sibling child

    Circumstances That Are Not Grounds for Termination

    Failure to Establish Paternity

    Kan. Stat. Ann. § 38-1583 (WESTLAW through End of 2001 Reg. Sess.)

    When the child has been adjudicated to be a child in need of care, the court may terminate parental rights when the court finds by clear and convincing evidence that the parent is unfit by reason of conduct or condition that renders the parent unable to care properly for a child and the conduct or condition is unlikely to change in the foreseeable future.

    In making a determination hereunder the court shall consider, but is not limited to, the following, if applicable:

    Emotional illness, mental illness, mental deficiency or physical disability of the parent, of such duration or nature as to render the parent unlikely to care for the ongoing physical, mental and emotional needs of the child;

    Conduct toward a child of a physically, emotionally or sexually cruel or abusive nature;
    Excessive use of intoxicating liquors or narcotic or dangerous drugs;

    Physical, mental, or emotional neglect of the child;

    Conviction of a felony and imprisonment;

    Unexplained injury or death of another child or stepchild of the parent;

    Reasonable efforts by appropriate public or private child caring agencies have been unable to rehabilitate the family;

    Lack of effort on the part of the parent to adjust the parent's circumstances, conduct or conditions to meet the needs of the child.
    In addition to the foregoing, when a child is not in the physical custody of a parent, the court, in proceedings concerning the termination of parental rights, shall also consider, but is not limited to the following:

    Failure to assure care of the child in the parental home when able to do so;

    Failure to maintain regular visitation, contact or communication with the child or with the custodian of the child;

    Failure to carry out a reasonable plan approved by the court directed toward the integration of the child into the parental home;

    Failure to pay a reasonable portion of the cost of substitute physical care and maintenance based on ability to pay.

    In making the above determination, the court may disregard incidental visitations, contacts, communications, or contributions.

    The rights of the parents may be terminated as provided in this section if the court finds that the parents have abandoned the child, the custody of the child was surrendered pursuant to law, or the child was left under such circumstances that the identity of the parents is unknown and cannot be ascertained, despite diligent searching, and the parents have not come forward to claim the child within three months after the child is found.

    The existence of any one of the above standing alone may, but does not necessarily, establish grounds for termination of parental rights. The determination shall be based on an evaluation of all factors which are applicable. In considering any of the above factors for terminating the rights of a parent, the court shall give primary consideration to the physical, mental or emotional condition and needs of the child.

    If presented to the court, the court shall consider as evidence testimony from a person licensed to practice medicine and surgery, a licensed psychologist or a licensed social worker expressing an opinion relating to the physical, mental or emotional condition and needs of the child. The court shall consider any such testimony only if the licensed professional providing such testimony is subject to cross-examination.

    If, after finding the parent unfit, the court determines a compelling reason why it is not in the best interests of the child to terminate parental rights, or upon agreement of the parents, the court may award permanent guardianship to an individual providing care for the child, a relative or other person with whom the child has a close emotional attachment. Prior to awarding permanent guardianship, the court shall receive and consider an assessment of any potential permanent guardian. Upon appointment of a permanent guardian, the court shall enter an order discharging the child from the court's jurisdiction.

    If a parent is convicted of an offense as provided in the subsection below or is adjudicated a juvenile offender because of an act which, if committed by an adult, would be an offense, and if the victim was the other parent of a child, the court may disregard such convicted or adjudicated parent's opinions or wishes in regard to the placement of such child.

  3. #3
    Join Date
    Nov 2007
    Location
    Kansas
    Posts
    2

    Default Re: Abandonment and the right of that Parent after 7 years

    He did contact my attorney a couple of years ago asking that his parental rights be terminated. However, in the state of Kansas, a parents rights will not be terminated unless there is another individual willing to adopt that child. At least that is how my attorney explained it to me.

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