Justia Kansas Supreme Court Opinion Summaries

Articles Posted in Family Law
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The Supreme Court affirmed the adjudication decision of the district court finding F.C. to be a child in need of care (CINC) under Kan. Stat. Ann. 38-2202(d)(2), which focuses on whether the child lacks necessary care or control, and Kan. Stat. Ann. 38-2202(d)(3), which focuses on whether the child has been abused or neglected, holding that the State proved F.C. was a CINC.On appeal, the court of appeals held that there was insufficient evidence that F.C.'s mother or stepfather inflicted emotional harm and that the State failed to establish that F.C. had been emotionally abused under section 38-2202. The Supreme Court reversed, holding (1) section 38-2202(d)(2) limits the trial court's focus only to the present circumstances at the time of the adjudication hearing; and (2) there was clear and convincing evidence to show that F.C. had been subjected to emotional abuse by her stepfather, as that term is defined under subsection (d)(3). View "In re F.C." on Justia Law

Posted in: Family Law
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The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the district court concluding that Mother's voluntary relinquishment of her child under Kan. Stat. Ann. 38-2268 was a legally authorized adjudication of Mother's parental rights, holding that Mother's relinquishment of parental rights was effective to terminate her parental rights.One of the primary issues on appeal was whether formal written acceptance by the Kansas Department for Children and Families (DCF) is required in order for a parent's relinquishment of parental rights to DCF to be valid. The Supreme Court held (1) there was substantial, competence evidence to support a finding that Mother's relinquishment of parental rights to her child was valid, knowingly made, and effective to terminate her parental rights; and (2) Mother was afforded the procedural due process to which she was entitled. View "In re P.R." on Justia Law

Posted in: Family Law
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The Supreme Court held in this case, as in In re M.F., 312 Kan. __ (this day decided), that the same-sex romantic partner of a woman who conceives through artificial insemination and gives birth during the couple's relationship can be recognized as a legal parent under the Kansas Parentage Act (KPA) even if the couple has not entered into a coparenting agreement.M.S., the same-sex partner here, sought judicial recognition of her legal parentage relationship with the child. The district court judge denied parentage of M.S. A panel of the court of appeals affirmed. The Supreme Court reversed and remanded the case for further proceedings, holding that M.S. can be recognized as a legal parent through use of Kan. Stat. Ann. 23-2208(a)(4) if M.S. can demonstrate that she notoriously recognized her maternity and the rights and duties attendant to it at the time of the child's birth. View "In re W.L. " on Justia Law

Posted in: Family Law
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The Supreme Court held that the same-sex romantic partner of a woman who conceives through artificial insemination and gives birth during the couple's relationship can be recognized as a legal parent under the Kansas Parentage Act (KPA) when the birth mother has consented to shared parenting at the time of the child's birth.K.L., the same-sex partner in this case, sought judicial recognition of her legal parentage relationship with the child. The district court judge ruled that K.L. had no parental rights. A panel of the court of appeals affirmed. The Supreme Court reversed, holding that K.L. can be recognized as a legal parent through use of Kan. Stat. Ann. 23-2208(a)(4) if K.L. can demonstrate that she notoriously recognized her maternity and the rights and duties attendant to it at the time of the child's birth. View "In re M.F." on Justia Law

Posted in: Family Law
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In this appeal from the termination of Father's parental rights consequent to an adoption, the Supreme Court affirmed the opinion of the court of appeals affirming the termination, holding that the district court correctly terminated Father's parental rights and that Father's constitutional challenge to Kan. Stat. Ann. 59-2136 was not preserved for review.In his petition for review, Father challenged the factual basis for the termination order and also challenged, for the first time, the constitutionality of Kan. Stat. Ann. 59-2136(h)(1)(D), on which the termination was based. The Supreme Court affirmed, holding (1) this Court declines to address the constitutional issue because it was raised neither in the district court nor in the court of appeals; and (2) the court of appeals correctly upheld the district court's finding that Father failed to support the mother during the last six months of her pregnancy without reasonable cause excusing the lack of support. View "In re Adoption of Baby Girl G." on Justia Law

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In this paternity and custody proceeding, the Supreme Court affirmed the decision of the court of appeals vacating the judgment of the district court holding David Roy Ogle in contempt and imposing sanctions, holding that the district court should not have conducted the hearing on Whitney D. Jacobs' contempt motion until Ogle was present.Jacobs moved the court to hold Ogle in indirect contempt after Ogle's contact with Jacobs' employer led her to leave her teaching job. After a hearing at which neither Ogle nor his counsel appeared, despite receiving notice of the hearing's time and place, the district court held Ogle in contempt. Relying on Bond v. Albin, 28 P.3d 394 (Kan. 2000), the judge concluded that the contempt hearing could be held in Ogle's absence. The court of appeals reversed. The Supreme Court affirmed, holding that a district judge is allowed to proceed with a contempt hearing once the person accused is present, but not before. The Court remanded the case to the district court for reconsideration of the motion to hold Ogle in indirect contempt. View "S.M.J. v. Ogle" on Justia Law

Posted in: Family Law
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The Supreme Court affirmed the rulings of the district court accepting and exercising jurisdiction in these five cases involving the continuation of child in need of care (CINC) proceedings, holding that the Kansas court properly exercised jurisdiction and did not violate Mother's due process rights.The proceedings in this case involved five of Mother's six children. Acting under the Uniform Child-Custody Jurisdiction and Enforcement Act, a California court transferred these five cases to a Kansas court to continue child in need of care proceedings. The district court ultimately found Mother unfit and that termination of Mother's parental rights was in the children's best interests. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the Kansas district court did not abuse its discretion in exercising jurisdiction over the CINC proceedings; and (2) the district court did not violate Mother's constitutional procedural due process rights when it failed to conduct a permanency hearing within thirty days of finding that reintegration of the family with Mother did not remain a viable alternative. View "In re A.A.-F." on Justia Law

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The Supreme Court reversed the decision of the court of appeals reversing the judgment of the district court refusing to grant Petitioners' petition to terminate a guardianship and conservatorship over four children in their care, holding that the district court's findings were insufficient to allow proper appellate review.Petitioners Alicia and Sam were the mother and father of four children. The county attorney filed child in need of care (CINC) petitions regarding all four children, and the court gave temporary physical custody of the children to Sam's cousin, Malinda, and her husband, Gregory. Each child was adjudicated a child in need of care. Thereafter, Malinda filed a petition for guardianship and conservatorship. The district court granted the petition and appointed Malinda and Gregory coguardians and coconservators of the children. Petitioners later filed a petition to terminate the guardianship and conservatorship on the grounds that they now had the means to care for the children. The district court denied the petition. The court of appeals reversed. The Supreme Court reversed, holding that remand was required for the district court to make findings and legal conclusions that suffice to allow appellate review. View "In re Guardianship and Conservatorship of B.H." on Justia Law

Posted in: Family Law
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In this appeal from a district court’s order terminating a natural father’s parental rights, the Supreme Court reversed the rulings of the lower courts and remanded to the district court with directions to conduct proceedings effectuating a change in custody consistent with this opinion, holding that no rational fact-finder could have found it highly probable that Father made no reasonable effort to support or communicate with the child after having knowledge of the child’s birth.When Father’s child was born, Mother put the newborn up for adoption. Father only learned of both the pregnancy and birth four days before the prospective adoptive parents filed for termination of Father’s parental rights. With no knowledge about the adoption action, Father filed a petition to establish paternity. The district court ultimately terminated Father’s parental rights. The Court of Appeals affirmed. The Supreme Court reversed, holding that the lower courts erred by failing to focus on all the circumstances when determining whether clear and convincing evidence demonstrated that Father made “no reasonable efforts” to support or communicate with his child after knowledge of his birth. View "In re Adoption of C.L. video" on Justia Law

Posted in: Family Law
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Holding that the plain language of Kan. Stat. Ann. 38-2273(a) did not provide Grandfather the right to appeal an order denying his motion to terminate the parental rights of his grandson’s parents, the Supreme Court affirmed the dismissal of this appeal for lack of jurisdiction.In this child in need of care action, Grandfather was granted temporary custody of his grandchild. Grandfather then moved for termination of Mother’s and Father’s parental rights or, in the alternative, for an order appointing Grandfather as the child’s permanent custodian. The court found Father unfit and appointed Grandfather as the child’s permanent custodian but declined to terminate Father’s parental rights. Father appealed, and Grandfather cross-appealed the decision not to terminate Father’s parental rights. The court of appeals dismissed Grandfather’s cross-appeal for lack of jurisdiction under the plain language of Kan. Stat. Ann. 38-2273(a), concluding that the statute does not provide the right to appeal when a motion to terminate parental rights has been denied. The Supreme Court affirmed. The dissent disagreed, arguing that the language of section 38-2273(a) does not manifest a legislative intent to make the district court’s ruling, which might “irreparably harm the child,” incapable of correction by a higher court. View "In re T.S." on Justia Law

Posted in: Family Law