Legal Question in Family Law in Kansas

My nephew lives with me because he is getting out of a marriage. They have a daughter and she is staying with us 2 weeks and then her mother for 2 weeks. Her mother has told my nephew that her boyfriend has abused her twice and started to 1 time in front of their daughter. She also is living in a hotel room (run down) and cleaning rooms in order to live there. We are very uncomfortable sending her back to the abusive environment in 2 weeks, what are our options? My nephew and her mother are still legally married.


Asked on 7/22/10, 6:00 pm

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith

It is unclear whether a divorce has been filed. At the time of filing, it is possible to request Temporary Orders from the court that specify temporary parenting plan details. If it is unsafe for the child to return to mother's residence, the court will make appropriate orders. If no paperwork is filed, both parents have equal access and rights to determine the child's residence and acquaintances. Consult an experienced family law attorney in the county of the parents' residence.

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Answered on 7/23/10, 7:49 am


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