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. |