Legal Question in Civil Rights Law in Kansas

Hi, I have a civil court question...I have a 12 year old daughter who was adopted by my husband of 10 years. Adoption happened in October 2012. The bio father has not been in the picture for at least 6 years. We would get notified when they picked him up on a bench warrant for unpaid CS. Courts in my state continue to go after back CS, but when she was adopted the bio father owed no new CS. Yesterday I got served by a police officer at my door.

It is a Motion to Enforce Parenting Plan, and a Motion to Set Aside Bench Warrant and modify Payment on Arrears. These papers seem to be a "fill in the blank" type worksheet. At the bottom of each paper it says, "Please take notice that the above motion has been set for hearing before the Hearing Officer (in our county), followed by address. The bio father is pro se. My question is this: How do I Answer this Motion, do I need to be there, and will the supporting documentation of adoption that I have be enough to put a stop to this kind of stuff? He is asking to see her. As I understand it, he has no legal claim as her parent any longer.

Is there generally someone at the courthouse who would talk to me about this?

Sincerely

L


Asked on 2/11/14, 9:35 am

1 Answer from Attorneys

Anthony Smith LawSmith

Unfortunately, Court house staff are forbidden to give you legal advice. You can answer that because the child has been adopted by another man, the biological fathers visitation rights have ended. You need to discuss this with the attorney that handled the adoption. You might need to hire them to represent you on this Motion. If not, you should consult directly with a civil practice attorney in your area.

Good luck

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Answered on 2/12/14, 7:36 pm


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