Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Date: 10-25-2024
Case Style:
Case Number: 126,565
Judge: Kathleen M. Lynch
Court: District Court, Wyandotte County, Kansas
Plaintiff's Attorney:
Defendant's Attorney:
Description: Kansas City, Kansas family law lawyers represented father and grandparents in a grandparent visitation dispute.
B.R., the natural father (Father) of the minor child at the heart of this case, H.R., appeals from the district court's written order establishing a grandparent visitation plan. When the child's natural mother passed away, the district court awarded custody to Father rather than the maternal grandparents (Grandparents), and disputes ultimately ensued over Grandparents' visitation rights. The district court attempted to arrive at a compromise between the parties' proposed visitation plans, but Father contends his plan should have been adopted because it was reasonable and in H.R.'s best interests. Following careful consideration of the matter and the law which governs its resolution, we find Father's argument persuasive. Under the constitutional presumptions favoring a parent's right to make decisions concerning the care, custody, and control of their children, the district court should have adopted Father's visitation plan to the extent it was reasonable and served the best interests of the child. Where Father's plan contemplated regular visits between H.R. and Grandparents that were sufficient to preserve their bonded relationship, we find it was reasonable and reflected consideration of an arrangement that was beneficial to H.R.
T.D. v. B.R., 126,565 (Kan. App. Oct 25, 2024)
Outcome: Reversed
Plaintiff's Experts:
Defendant's Experts:
Comments: