Legal Question in Family Law in Kansas
My husbands daughter
My husbands daughter is in Kansas state custody. We have permantely placement of her in Missouri. We have a court order stating that she keep a bond with her sisters, who are still in states custody. We had an agreement that we would bring her to Kansas every other Sat. and that their grandmother would bring her back. The Grandmother no longer wants to bring her back so we said that we would bring her up every other Sat. for an hour, instead of all day, because we don't have the gas money to make so many trips. The state is trying to take us back to court, and they are saying that we could lose her, that she might go back into foster care, living with her grandmother. We are supposed to get custody of her in Jan., they are saying that if we don't let her spend weekends with her sister this could cause us to not get custody. We do not feel that she could possibly have contact with her mother who has a no contact order, so we don't feel weekends are a good idea. We also feel that since the agreement was we would bring her for all day visits as long as they brought her home is fare and if they are not wanting to do this, it will only be an hour. Do you think that we will loose custody over this, or is the state trying to bully us?
1 Answer from Attorneys
Re: Your husbands daughter
Both Ks and MO are serious in attampting to keep sibling visits regular and continuous. Sometimes the court or Family Divisions make custody/ lving arrangment plans based partially upon the liklihood that sibling visits will occur. However, you have not provided enough detail to tel you whether the state is unfairly pressuring your husband in this matter. As you stated, there was an agreement that you would drive her to KS and grandmother would bring her back. How and when was that agreement made, and is it written anywhere?
It sounds like you do not have a problem with the girl visiting with her siblings and grandmother, but rather a transportation problem. The Division workers are often quite good at finding creative ways to address transportation problems. Use them in this respect, and do it soon. I do not suggest that you let this transportation problem become a cause of anger a resentment between the grandmother and yourselves.
As to whther your custody plans could get changed, because visits may not occur as scheduled, your need to provide more facts. However, if you solve the transportation issue, this may not be necessary.
Good Luck
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