Legal Question in Family Law in Kansas

Maternal grandparent rights

I have a niece who died 3mts ago, 2 of her 3 children were given to their father, who himself was recently killed in an auto accident., is there anything in kansas law that states that the marternal grandmother get the childen first over the paternal grandmother.

Asked on 1/09/07, 9:44 am

1 Answer from Attorneys

Rian Ankerholz Ankerholz and Smith
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Re: Maternal grandparent rights

Kansas law does not give a preference for maternal grandparents over paternal grandparents in this situation. It does appear that a guardianship action should be filed so someone is available to make all decisions regarding the childrens' education and health issues. The court will choose a guardian based on the best interests of the children. Your question mentions that only two of the three children were with the father. If a third party placement was involved, the court may deem it appropriate to keep all of the children together. The court may also inquire as to whether a testamentary guardian was named in either parent's Will.

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1/09/07, 12:33 pm

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