Legal Question in Family Law in Kansas

My husband and I have been together for 4 years. Before we got together he had had a rough past. He did a lot of things wrong and was constantly in trouble with the law. However, when we got together he got his warrants taken care of and fines paid. Also, before we got together, he had 2 children. They were taken into state custody. I'm not sure whether he was proven unfit or not, but his two children had been adopted by their foster parents with his blessing because he felt they would have a better life where they were than he could provide at the time. Someone told me that he was proven unfit and that if me and him were to have any children he would have no legal right over them and SRS would look into us to take our baby away after it's born. Is this true? Does he really have no legal rights over any future children, and can they take away my baby when I had nothing to do with his past?


Asked on 9/28/10, 11:15 am

1 Answer from Attorneys
Anthony Smith LawSmith

Someone has given you bad information, sprinkled with some partial truth. If a aprent is deemdd unfit, and their chidl is palced elsewhere, that alone can trigger an investigation as to future children. Most investigations conclude that there is nto need for further investigation. If you have not been accused of anything, it is very unlikely that your husband's past would cause you to lose your child. However, if his past involved child abuse or neglect, the story could change. In that case, the child remaining in the household with Dad could be viewed as dangerous to its welfare.

Good luck

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Answered on 10/04/10, 9:27 am


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