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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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We are the grandparents of two boys 18 months and soon to be

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We are the grandparents of two boys 18 months and soon to be 3. They have lived with us for a period of time. We have had them for at least 2 days/nights per week during the remainder of their lives. We are so very close to them. In February we were advised of a court hearing where the boys went to foster care. We knew there were legal issues including child endangerment but thought Mom (not our daughter) understood the consequences. She is now incarcerated due to these charges and a drug charge. Our son is on work release due to drug issues and will be released sometime this summer.

The state (KS) is giving us only 1 hour of visitation a month to see these boys. Why? We are so close to them and they are so small I am sure they don't understand.

The oldest has his birthday in May. We are being told we get one hour for his party and this will be with his other grandparents and aunts. Why?

We have asked to be custodial placement and hopefully adoption and our home has been approved with no problems except we have a son that lives with us that is disabled due to bipolar and some old drug charges. Do we need to get rid of him to get the boys?

We don't know the legal situation with the father.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


My name is XXXXX XXXXX I will do whatever I can to answer your questions!

So that I can better understand your situation and give you accurate information, please tell me:
1. You stated "We have asked to be custodial placement and hopefully adoption and our home has been approved " Have you filed any court pleadings to this effect? What has occurred?
2. Exactly what court intervention has occurred?
Customer: replied 4 years ago.

We have been inspected by the foster care system only.


there has been no court intervention for us as the grandparents.


I am researching/typing– I will post a response in about 10 min.

When a state agency removes children from their parents' care, grandparents have the right to request that the court award custody to them.To take this action it is typically necessary to to file a petition the court for guardianship of your grandsons. A guardianship does not require the parents to permanently terminate their rights and therefore would typically be the most efficient method to obtain custody of your grandsons. At a later date, you can petition the court to adopt them.

In Kansas, if you are over the age of 60 you may contact a no cost elder law hotline that may provide you with additional guidance – 1-888-35-ELDER

Unless your son is a physical danger to your grandchildren, it would not be necessary to remove him from the house.

I would be glad to respond to any related follow-up questions that you may have.

Customer: replied 4 years ago.

Thank You for your advise. Do you have a form we could use to petition the courts?

I greatly appreciate your advise.

Forms can be found at the Kansas Legal Services site at this link:

Unfortunately the site is down today for routine maintenance. If the site is not operational tomorrow, I suggest they you call their toll-free number: 1-800-723-6953

I wish you the best at this difficult time

Ellen and 2 other Family Law Specialists are ready to help you

Thank you very much Julie for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"