Legal Question in Family Law in Kansas

I hope you can help me. We have a situation with our daughter. She has a child, age 4. She was in an abusive relationship for 2 years and at the end of that relationship, she started drinking alcohol and now her life is a mess. We have tried to get her help on numerous occasions, but unless she willingly agrees to get help, our hands are tied because she is an adult. The real issue is that she left her child with us... the grandparents... to care for him. We have nothing legally or in writing from the mother that declares us as his legal guardian, custodian, or caregiver. Unless I have this documentation I legally cannot take him to the dr., enroll him in school, or basically perform any action on his behalf even though we are caring for him in all capacities.

We are his only caregiver and we love him dearly but do not know what we need to do in order to be able to act on his behalf.

Can you provide me with a course of action that should be taken?


Asked on 10/19/10, 12:51 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Your daughter can still give you authority to care and secure medical help for your grandson. If that is not possible, then you may have to go to the Probate court to get that authority. The father may also be able to give you authority or to assist with care.

Good luck

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Answered on 10/25/10, 8:26 pm


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