Legal Question in Family Law in Kansas

My wife has had sole legal custody of her to children from a previous relationship. The biological father did not at the time want responsibility as a parent. he has only sought visitation twice in 8 years, but only for one child not both. Under Kansas state law, what rights does he have and not have for visitation? Sole legal custody was awarded in 2004. My wife was under the impression from the lawyer that he would not have visitation, and she sought to remove him from the children's lives because of an incident involved him brandishing a hand gun blocking the mother from leaving at that moment in the child,s present. She was assured by the lawyer that the father could not show up anywhere, be it at a party, school, home, etc. To visit his children. Please help. Thanks.


Asked on 10/18/11, 8:11 pm

1 Answer from Attorneys
Rian Ankerholz Ankerholz and Smith

Sole legal custody means that the sole legal custodian has the right to make all decisions regarding the child's upbringing. It does not control the parenting time to which the other parent may be entitled. Any restrictions on the non-custodial parent's parenting time (formerly called visitation) should be set forth in writing in the Parenting Plan adopted by the court. If no such Parenting Plan exists, the establishment of such a Plan can be requested from the court. The non-custodial parent's time with the child will be based on many factors, including the lack of parental involvement in the past, any dangerous incidents that have occurred, and the overall best interests of the child.

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Answered on 10/20/11, 2:57 pm


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