Legal Question in Family Law in Kansas

What is in the best interest of my child

My ex-husband payed child support of $100 a month, for three years, His child support has been raised to $300 a month and he refuses to pay( Our daughter has never received a penny or a gift other than child support). His mom picks up our daughter (age 4) and she keeps her on his weekends (his family picks up our daughter every other weekend, but never on holidays, they wont even call her on the phone). I was told by a relative that if he refuses to pay child support for three years, his rights will be taken away, and my husband will possibly be able to adopt her. Is this true?

Also, What would happen to my daughter if I were to die? She is really close to her step-daddy who has been her father figure all her life. Would step-daddy have rights if I die? Would my daughter have a say-so in the matter?

Thank You!


Asked on 3/24/02, 1:24 am

1 Answer from Attorneys

Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: What is in the best interest of my child

First, until such time as the Court makes a determination that a parent is unfit, it is in the best interest of that child that she have access to BOTH parents...whatever that might be. An awareness of news headlines should only reinforce that fact. While we may not approve of the manner in which one parent chooses to maintain contact w/a child, unless there is abuse to the child, the other parent has no right to interfere w/court ordered contact. Second, if a court has increased child support and it is not being paid properly, you have a mandate to see that such support is enforced in behalf of your child. You should have a local court trustee to whom you can report non-payment...they will enforce the support. . .contact them if you haven't already. Third, your relative is misinformed. . .non-payment of child support for a period of years is NOT alone sufficient to terminate parental rights. There are many other considerations prior to severance, such as contacts with the child, criminal history of the parents, etc.;. . .Finally, if you and the child's father have joint custody of such child, you are deceased, yes, the father would have custody of his child, unless there was some reason shown a court of unfitness of father. In KS, most judges prefer not to meet w/a child under age 14 yrs: making a child choose between parents is not in the child's best interest. Obviously, you have gone on w/your life since your divorce from father. . .short of termination of parental rights you may not sever the relationship of child and father. . .I know it's a pain for you, however, you must consider how your actions affect your child emotionally. Good luck.

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Answered on 3/24/02, 10:02 am


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