Legal Question in Family Law in Kansas

We have permanent custodianship of our foster son who is 17 years old. His birth father lives in TX, and would have tried to get custody of him, but something in the law prevented it. His is a successful business owner and has not got in trouble with the law for several years. Our 17 year old would like to go live with and work with his dad. Our permanent custodianship is in effect until he turns 18 on Aug 29, 2015.

Can we allow our 17 year old to live in TX with his dad now? We feel it would be in his best interest, and he is agreeable to checking in with us via video, phone, and personal visits periodically. If he gets charged with possession of marijuana, or even more serious with killing someone in an automobile accident, what is our liability as his permanent custodians? What are the risks? Could the court find us unfit parents?


Asked on 11/13/14, 6:48 pm

1 Answer from Attorneys
Anthony Smith LawSmith

You could be civilly liable for his actions. Before advising you on such a delicate matter, an attorney would want to have access to all the facts and documents. You need to consult directly with a family law or probate attorney in your area. Give them access to all the information they need, deciding to allow him to go.

Good luck

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Answered on 11/14/14, 8:39 am


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