Legal Question in Family Law in Kansas

I have a 3 yr old daughter with my husband. He has 2 daughters from a previous marriage (15 and 17). Last yr the 15 yr old decided she wanted nothing to do with us and has been at her mother's since. Last August, the 17 yr old decided the same thing. They claimed feeling "unsafe" in their father's presence (even thought they have admitted that he has never hurt them; they just think he might some day). These girls have been very hateful toward their father and have said many mean things about him on facebook as has their mother. Because of the hatred of their father, we did not want our youngest daughter to absorb their hatred. We offered joint counseling to reintegrate into seeing the 3 yr old once we were sure things would be ok and they would not let the 3 yr old see any of their hatred. They refused. Their mother filed with the court to let them see the 3 yr old and a few other things. Then she modified it and took out the part about visitation with the 3 yr old. The judge ruled that the older girls will be allowed visitation at least once a week up to 3 hrs not in the presence of the father. The judge said they could take the 3 yr old to a friends house of the girls choosing or at the father's home as long as he was not present. Alternatively, they could drive her to an activity. First of all, as the 3 yr old's mother, do I not have any say in who sees my daughter and who does not? How can the judge rule on this since it was taken out of the motion before the hearing? Also, Kansas does not have a statute for sibling visitation so how did he even rule on this in the first place? Should we appeal? And if we do appeal, what are the chances of getting a different verdict? Don't get me wrong, I would love to see the entire family get reunited, but I think there needs to be some family counseling first to make sure that their anger does not get transferred to the 3 yr old.


Asked on 1/29/14, 11:19 am

1 Answer from Attorneys
Anthony Smith LawSmith

Your husband needs to ask the judge tovreconsuder tgat part of the Order,uf there us still time. If yoy were not made a oarty to their Motion, yiu can ask anither jydge (ir tge appelate ciyrt) to Stsy tge executiion if that Order, until you are heard.

Good luck

Read more
Answered on 1/30/14, 4:49 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Kansas