OVERLAND PARK,KANSAS CONTESTED DIVORCE with children

Perhaps you and your ex agree that the marriage is over, and maybe even agree about everything else, but if you cannot agree about what will happen with your children you are in a contested divorce. Here are the things that many Kansas families disagree about:
  • Relocation of children;
  • Custody and/or visitation time;
  • Child support amount;
  • Decision making authority;
  • Travel (especially international travel);
  • Contact with new boyfriend or girlfriend;
  • Grandparent rights; and
  • Allocation of other costs (ex. housing, sports, medical bills, tuition, etc.).
The moment there are allegations of sexual or physical abuse, at the hands of one the adults your case becomes highly complex. As is the case if there are concerns about drugs, alcohol or general neglect/safety concerns. You can expect the court to immediately do any of the following (on their own or at the request of legal counsel):
  • Appoint a Guardian ad Litem (GAL) who will become your child(rens) lawyer, and allocate fees;
  • Put in place temporary orders;
  • Forward the allegations over to CPS (child and family services) and/or law enforcement;
  • Possibly trail any amendments or final orders behind criminal or protective services orders;
  • Demand parenting classes be completed by both parties;
  • Require a psychological exam of you, your ex and/or the children;
  • Mandate the children attend therapy;
  • Restrict or eliminate contact with your children;
  • Only allow in-person visitations to occur supervised, during therapeutic visits, or in public place;
  • Force you to submit to a drug or alcohol test, immediately or at random;
  • Prohibit contact with other persons.
Remember: Relocation is a hot topic in divorce. Once the state becomes involved, you are allowed to move anywhere you want; however, the child(ren) cannot be moved without the permission of the Kansas Court. 

The purpose of Kansas family law is to do what is in the "best interest of the child". That will be the guiding standard in these cases. As you can see, these cases can quickly escalate and become incredibly complex. You will want a lawyer who has handled these cases before to help you plan for the best potential outcome and prevent this from dragging out unnecessarily. Call now for a consultation 913.602.7288. ​

CAN YOUR CHILD DECIDE WHICH PARENT TO LIVE WITH IN KANSAS?

Your child(ren) may be insisting, or least you are being told by your ex that, he or she wants to live with one parent over the other. Any child under the age of 18 can ask the Kansas court to hear their reasons for requesting to live with a specific parent. The older the child, the more weight the court will likely give to the request. However, that will not be the only thing used to decide who the residential parent will be. The Kansas family law statute, and case law, strongly supports the children having a meaningful relationship with both parents. The court will attempt to have the parents share physical custody of the children, as much as is realistic and feasible. 

Tip: Be careful not to feed your children information, discuss the divorce, alienate one parent, or move to create distance, during these proceedings. This can be used against you later.

can my child refuse visitation?

This is a difficult position to be in. Especially if you are dealing with teenagers. If you are the parent in custody of the child, and they are insisting that they don't want to go to your ex, you are still required to facilitate the visitation over their objections. Kansas court orders are requirements, not options, and they apply to your children too. If you have cause for concerns about their physical, mental or overall safety, you must take the lawful steps necessary to protect them. You should know that allegations of abuse, domestic violence, neglect, etc. does not automatically mean the Kansas court will end all visitation. That is not to say that your concerns are invalid. Rather, you should consult an attorney about seeking emergency intervention and safety planning. 

Remember: You can be held responsible for the actions or inactions of your children. Failing to follow a lawful court order can result in contempt, shift in custody, fines and fees, and more. 

CAN YOU PREVENT YOUR CHILD(REN) FROM BEING AROUND YOUR EX'S NEW BOYFRIEND OR GIRLFRIEND?

All too common is the concern about who your ex is bringing around your children. Whether you can prevent it is question of circumstances. Kansas family law generally believes that each parent is in the position to make sound decisions for their children. Neither of you being better than the other. You just may disagree about that, and possibly for good reason(s). Typically, you will have little-to-no control over who your children are around, while in the custody of your ex, unless the Kansas courts order otherwise. Here are some thing the court will consider when making that determination:
  • First, and foremost, what is in the best interest of the children;
  • Are there any allegations, or findings, of any abuse at the hands of the person;
  • Will it be detrimental to the children's development or mental health;
  • Is the person refusing to abide by the current court orders;
  • Does the person have a criminal history that makes them unsuitable to be with children;
  • Does the person have DCF finding that make the person dangerous or cause for real concern;
  • Are there siblings of your children that are part of, or product of, the new relationship;
  • Is this persons mental health a cause for serious concern;
  • Has the person perpetuated inappropriate sexual contact, or used excessive corporal discipline;
  • Are there drugs, alcohol, prescription, or other abuse of substances present, and more.
As you can see, just no liking the new "friend" of your ex isn't enough. There must be evidence of real or actual harm for a restriction to be put in place. You should know the Kansas courts makes great effort to shy away from interfering with the parties moving on and/or parenting. Having an attorney make an argument, based in law not emotion, will be critical to the ultimate outcome of restricting contact where necessary.
DIVORCE PROTECTION FROM ABUSE (PFA)
  • Requests for PFA for self and/or children
  • Defense against temporary or permanent PFA orders
  • Child and Family Services PFA
CHILD CUSTODY
  • Paternity establishment
  • Initial custody orders
  • Visitation change or increase
  • Requests to modify orders
  • Relocation
  • Adoption of out of state orders
CHILD SUPPORT
  • Establishment of child support (initial orders)
  • Modification of existing orders (change in circumstances)
  • Calculation in support owed
  • Enforcement of child support orders
DCF INVESTIGATIONS
  • Child abuse/neglect
  • Domestic violence charges
  • False allegations (sex abuse, child abuse, neglect, etc.)
  • Emergency custody orders and placement
  • Defense against allegations
                                YOU NEED AN ATTORNEY
You need to know what to do next to get the best possible outcome in your case. The quicker you get ahead of your case the better outcome you can expect. Call now to schedule a consultation 913.602.7288. ​

GET THE HELP YOU NEED

Without the help of Kansas City, Kansas attorney, it is likely that your case will not go in your favor.  Attorney T. Morton can determine if you are being treated fairly and tell you your options. Call now 913.602.7288

WHY HIRE THIS ATTORNEY

  • PRICE - Fair and reasonable. 
  • ​QUALITY - Expect diligence in handling and resolving of your case, and communication.
  • DELIVERY - You deserve ongoing interaction and involvement in your case. Attorney T. Morton will make sure to provide you with legal services you are satisfied with.
  • RELIABILITY - You will have a clear idea what to expect. Attorney T. Morton will earn your trust through accurate, clear, honest and caring handling of your case.
  • EFFICIENCY - The timely resolution of your case is important to you and this office.  
This is a Kansas City, Kansas law office and you are number one. You are experiencing a difficult time. You need answers to your questions. Attorney T. Morton will handle your case with care and attention. Take action and call now for your consultation 913.602.7288.
Serving Overland Park, Kansas City, Johnson County, Douglas County, Leavenworth County, Wyandotte County and all of Kansas. 

FREQUENTLY ASKED QUESTIONS

CAN YOU MEET OUTSIDE OF THE OFFICE? Absolutely! Typically consultation and the initial stages of your case are handled over the phone/video conference. CALL NOW 913.602.7288. 
WHEN SHOULD YOU GET AN ATTORNEY? Today! You are going into battle and you shouldn't do it alone or unarmed. There are critical deadlines, conversations, etc. that could make or break your case. ​Before you decide to accept any offers, or give statements, call for a consultation. Attorney T. Morton can help guide you. Call today @ 913.602.7288.

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Contact

​7500 College Blvd., Suite 500 (by appointment only)
Overland Park, KS 66210
Phone: 913.602.7288
Fax: 913.624.3311
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​Practice Areas

CRIMINAL DEFENSE
SEX CRIMES
FAMILY LAW
Serving Johnson County District Court in Kansas City, Kansas.
Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship. 
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