Where To Find Family Court Records In Kansas?

In Kansas, the District Court hears cases of domestic relations or family cases. The Kansas District Court has original jurisdiction over criminal and civil cases, including juvenile delinquency, probate, and family-related issues such as divorce, adoption, guardianship, and conservatorship. District Courts are the trial courts of Kansas. Each county has a District Court. Family court records can be found in the District Courthouse, where the case was heard or filed.

The District Court Clerk is charged with record keeping; therefore, to find family court records, interested persons may submit requests or queries to the District Court Clerk in the county where the case in question was heard or filed. Requesting parties may also find family court records online on government-managed websites and third-party websites.

What Is Family Law In Kansas?

Kansas Family Law covers a wide range of family-related matters, including premarital agreements, marriage, divorce, adoption, child support, spousal support, and other issues that pertain to the family or family structure.

• Statute KS Stat § 23–22 covers the required tests to determine paternity, procedures for paternity acknowledgment, the presumption of paternity, court trials, judgments, orders, the amendment of a child’s name, and other issues about paternity and parentage.
• Statutes KS Stat § 23–23 to KS Stat § 23–26 address premarital agreements, marriage, assisted reproduction, and marital property division. These statutes cover such issues as:
  • Performance and consent concerning assisted reproduction
  • The writing and enforceability of premarital agreements
  • Marriage solemnization
  • The validity and validation of a marriage
  • Marriage certificates and licenses
  • Married persons’ properties
  • Contracts and conveyances
• Statutes KS Stat § 23–27 to KS Stat § 23–29 focus on divorce, spousal support, and property division. The laws address divorce, separation agreements, divorce hearings, grounds for annulments, and divorce decrees. The statutes also cover marital property division and the establishment and maintenance of spousal support.
• Statutes KS Stat § 23–30 to KS Stat § 23–31 address child support and the enforcement of child support orders. The rules highlight the law on determining child support amount, the duties and responsibilities of the payor and payee, that is, the parent who pays child support and the parent who receives child support, and the penalties for defaulting or violating child support orders.
• Statutes KS Stat § 23–32 - KS Stat § 23–34 cover child custody, parenting plans, and visitation rights. The regulations address legal custody, residential arrangements, third-party visitation rights, and the enforcement of parenting and visitation orders.

Kansas Family Law also covers other details about the family, such as adoption, child abuse and neglect, emancipation, and name change.

What Are Family Court Cases And Records In Kansas?

Family court cases civil cases that involve domestic matters concerning the members or the structure of a family, such as parents, children, and spouses. Examples of such instances include paternity, adoption, divorce, spousal support, and child custody. Kansas family court records are documents generated in the process of a family court case. The records may contain orders, motions, judgments, summons, affidavits, and decrees.

Are Family Court Cases Public Records In Kansas?

Most Kansas family court records are not public. Although the Kansas Open Records Act (KORA) guarantees access to public records generated or maintained by Kansas public agencies, some records are exempt, and most family records fall under this category. Adoption records, assisted reproduction agreements, and juvenile delinquency records are sealed and restricted from public access by law. Sealed records may only be accessed by authorized persons, including subjects of the document and other parties named in the record, attorneys, and other persons authorized by court order.

Public family court records may be inspected or copied on request. Parties named on public family court records may file a sealing motion with the court to restrict public access records.

How Do I Find Family Court Records In Kansas?

Parties interested in finding family court records in Kansas may visit the District Courthouse, where the document was filed. Requesting parties will be required to fill a records request form and submit the completed form at the courthouse. Parties may also send the completed forms by mail. Records requests must be specific enough to aid the search for the record. Vaguely-worded requests may be denied.

The court may charge fees for records requests or the production of record copies. The prices are as follows:

• $0.25 per page for copies
• $10 for certified documents
• $0.50 to mail first five pages and $0.25 for each additional five pages
• $0.50 per page to fax no more than 15 pages

Kansas District Courts also provide access to public court records through computer terminals made available in the courthouses.

How Do I Find Family Court Records Online?

Interested parties may find Kansas family court records online through the Kansas District Court Records Search and the Kansas District Court Public Access Portal. The District Court Records Search portal only provides access to the register of actions taken on a case. $1.50 is charged for every case search and $1.50 for every retrieved case file. Records of some District Court cases cannot be accessed through the central, Kansas government-managed websites; however, some of these courts provide electronic access through individual websites. In the search for public records, requesting parties must check the District Court’s website, where the documents in question are maintained to determine the availability of electronic access.

In addition to family records, requesting parties must note that some other records are not available through the public access portal. Examples of unavailable records include divorce records, adoption records, child support and child custody records, guardianship and conservatorship case records, paternity or parentage records, juvenile matters or proceedings, and abuse protection. If designated public by law, these records will be available to inspect or request at the District Courthouse in the county where the case was heard or filed.

What Is Kansas Custody Law?

Kansas Custody Law details the state’s rules about child custody. It outlines the process by which the court determines custody arrangements and the requirements and responsibilities of custodians or other parties involved in the upbringing of a child.

Like many other states in the US, Kansas primarily considers the child’s best interests in determining custody. In considering the child’s best interests, the court presumes that it is beneficial for both parents to have custody of a child, as this will provide stability. However, the court makes decisions on a case-by-case basis. Some of the other considerations made in the child’s best interests are:

• The child’s age
• The child’s school schedule
• The parents’ work schedule
• The child’s preference, if the child is old enough
• Each parent’s involvement with the child
• The willingness of the parents to cooperate and communicate with each other

Types of custody in Kansas include legal custody and residency. A child’s legal custodian is responsible for decision making. The legal custodian will make decisions regarding the child’s upbringing and overall welfare, including decisions about education, religion, and health. Residency addresses which parent gets physical custody of the child.

Depending on the custody case details, the court may grant both parents the authority to make decisions about the child’s welfare and upbringing and order that residency is shared between both parents. This is joint legal custody and residency. In this case, the child will spend a sufficient amount of time with each parent. The court may also grant:

• Joint residency and sole legal custody to either parent
• Joint legal custody and sole residency to either parent
• Sole legal custody to one parent and residency to another
• Sole legal custody and residency

In cases where residency is not shared, the non-custodial parent will be granted visiting time. The custodial parent may not deny the non-custodial parent visiting rights or access to the child. If there are substantial changes in the parents’ circumstances from when a custody order is issued, the court may modify it.

How To Find Family Court Lawyers In Kansas?

The Kansas Courts website offers a directory from which users can search and verify an attorney’s license. The state’s bar association also provides a referral service where interested persons are linked with expert lawyers based on needs or the type of expertise required. Additionally, some counties provide legal assistance to low-income families or persons who cannot afford to hire lawyers in family court cases. Interested parties must visit local district court websites to verify the availability of such initiatives.