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Good afternoon. I certainly understand the situation and your concern. The Kansas court, does have the ability to order visitation of the grandchild to you, under Statute 38-129, which I have provided below. The burden would be on you, as the moving party, to show that it is in the best interest of the child
to have it ordered. Since the father filed in Kansas and your daughter is not in their lives nor appears to be contesting this, you would need to file a motion with the court in Kansas, to have it ordered. This is not something that requires an big name, expensive attorney but does require your legal interest to be represented, considering you reside out of State and are not going to want to travel back and forth, to appear in court. The attorney can appear on your behalf and can limit or even try and allow you to appear by phone, as needed, for the hearings. It certainly sounds as though you have a good faith basis to proceed but do need to go before the court, to have it ordered, so the father will be forced to comply.
Statute 38-129 : Visitation rights of grandparents. (a) The district court may grant the grandparents of an unmarried minor child reasonable visitation rights to the child during the child's minority upon a finding that the visitation rights would be in the child's best interests and when a substantial relationship between the child and the grandparent has been established.
(b) The district court may grant the parents of a deceased person visitation rights, or may enforce visitation rights previously granted, pursuant to this section, even if the surviving parent has remarried and the surviving parent's spouse has adopted the child. Visitation rights may be granted pursuant to this subsection without regard to whether the adoption of the child occurred before or after the effective date of this act.
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