Legal Question in Family Law in Kansas
faults allagations
my daughter's husband was accused of child abuse, but there were no chargers. the ex-husband got a ex-parta order and took the children. it took 18 months to get to court. the ex-husband brain washed the kids in to lying to the judge, stating it was true. the children are scared of their dad, and now they are in his custody. the mother was abused by the ex-husband in the marriage. she had custody till from the time they were divorced. she took him back to court to up the child-support, and thats when he planned to make his move. a year later he took the children with a ex-parts order. the judge would not let the mother see the children except one day a week. this has been going on for over 18 months now. is there any way the husband can take the ex-husband to court for the faults allegation? and how does one get the judge to see what she did was wrong? is this another custody case that would have to go back to court? or can she put in an ex-parts order stating she is worried about abuse he might do to the children while in his care? even if there is nothing at the moment. he is like a time bomb waiting to go off. how would be the best way to get started? thank you
2 Answers from Attorneys
Re: faults allegations
Your question seems VERY ambiguos, but what I hear you asking is how can someone intervene and whether you can intervene (as a grandparent)? You can intervene as a grandparent, and you can file a petition in the proper the court IF there is evidence of danger, however, you must have evidence, a hunch is NEVER enough and the court will take no action if all you have is your word. If you have more specific detail then you have a possibility of having some effect, but you must remember that once a court has made a decision and placed children in a given location then the court will be reluctant to change the circumstances.
Were parental rights terminated for anyone? Who does not get visitation or parenting time? What has the court "found" (meaning determined factually) up to this point?
You need to provide more specific details, you can use different names if you like.
Further, the cost of doing what it sounds like you want to do will cost thousands of dollars in attorney's fees.
Good Luck,
Re: faults allagations
The information in your inquiry is most insufficent for an attorney to be able to provide meaningful advice. If there was an "Ex Parte" order issued by a court changing custody, there would have been a "Motion" made initially, after which 10 days would have been given for your daughter to respond prior to hearing on the matter. Did that happen? If she did not respond, then the Order could have been put into effect. I believe it would be rare that a court would grant such a change of custody w/o full blown hearing. . .was there an investigation of the allegations by The Department of Social and Rehabilitation Services? Did they make a finding substantiating the allegation? Decisions such as the one you suggest are not made lightly by the court. . .I believe you have left out much information. Nonetheless, this is not a matter which can be handled effectively "pro se". . .that is, w/o legal counsel. Make an appointment with an attorney.
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