Traditional Legal Services
Children can be the center of various forms of custody
disputes such as child in need of care, paternity, post divorce
custody, third party visitation, guardianship and adoption proceedings.
My Child Advocate provides child-focused legal representation to
parents, caregivers and others who are interested in keeping the focus
on the child.
Child In Need
of Care: A child in need of care (CINC) action is an
action filed with the court alleging a child’s physical, mental,
or emotional needs are not being met. A CINC action may be filed by the
state or a private individual. Within a CINC action, a child may be
removed from the custody of parent/ custodian and placed in the
temporary custody of another individual or agency. The goal of a CINC
action is to find permanency for children, preferably in the home of
the child’s parent(s). If a child is removed from his or her
parent’s home and the parent(s) is unable to modify his or her
conduct or condition to meet the needs of his or her child within a
reasonable time frame, the court may look towards other permanency
placement options for the child. My Child Advocate represents children,
parents, grandparents, and other interested parties in public and
private CINC actions.
Paternity:
Any party may file an action to determine a parent/child relationship,
to establish legal paternity, custody, parenting time and child
support. My Child Advocate represents parents, children and interested
parties in paternity actions.
Post-Divorce
Custody: After the finalization of a divorce, changes in
circumstances may arise resulting in a need for a final parenting plan
or custody order to be modified to provide for the best interests of
the child. My Child Advocate represents parents and children in post
divorce custody disputes.
Third Party
Visitation: In Kansas, a grandparent or step-parent may be
granted visitation if they can prove:
- They have a substantial relationship with the child;
and
- Visitation is in the child’s best interest.
The burden is on the individual requesting visitation to
prove the above mentioned components. My Child Advocate represents
parents, grandparents, step-parents and children in third party
visitation cases.
Guardianship:
In the event a parent is unable to meet the needs of their minor child,
they may seek the assistance of a friend or family member to care for
the child. In this situation, it is usually in the best interest of the
child that the arrangement be “legalized.”
The court can grant an individual legal guardianship of the child after
proving consent of both parents (in specific situations, the consent of
only one parent may be necessary) and after a hearing is held on the
matter. Unless a parent is proven unfit, a motion may be filed to
dissolve the guardianship at any time. My Child Advocate represents
parents, children, and other interested parties in guardianship actions.
Adoption:
Adoption is a legal vehicle for creating a legalized parent-child
relationship where there otherwise would not be one. There are various
types of adoptions including:
- Adult adoption: The adoption of an
individual who has attained the age of majority;
- Agency adoption: The adoption of a
minor child where an agency has the authority to consent to the
adoption;
- Independent adoption: The adoption
of a minor child where the child's parent or parents, legal guardian or
non-agency person (in loco parentis) has the authority to consent to
the adoption, but does not include a stepparent adoption; and/or
- Step-parent adoption: The adoption
of a minor child by the spouse of a parent with the consent of that
parent.
My Child Advocate represents adoptive parents,
biological parents, and children in adoption proceedings.
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