Executive Summary:
In cases where a parent can’t provide a safe or stable environment, grandparents may wonder if they can step in to seek custody of their grandchild. Courts in Kansas and Missouri prioritize the best interests of the child, which means non-parents can sometimes gain custody if certain conditions are met. This blog breaks down when and how grandparents get custody in Kansas or Missouri, what courts look for in determining parental fitness, and the steps grandparents can take to protect a child in crisis.
What Makes a Parent Unfit in Kansas City?
Before a grandparent can seek custody, the court must find that the child’s parent is legally unfit. This doesn’t mean a parent made a few bad decisions or has a different parenting style. It means the parent is not meeting the child’s basic needs, or that they are putting the child in harm’s way.
Some common reasons a parent may be deemed unfit include:
- Ongoing substance abuse
- Neglect or abandonment
- Abuse or exposure to domestic violence
- Untreated mental illness that prevents safe parenting
- Failing to provide food, shelter, and/or medical care
If any of these issues are present and impacting the child’s well-being, the court may consider alternative custody arrangements. That’s often when grandparents get custody in Kansas or Missouri.
When Grandparents May Seek Custody
Grandparents do not automatically have custody rights. However, they can petition the court for custody if both parents are unfit or unavailable, and the court finds that it would be in the best interests of the child.
In Kansas, the court must find that the parent is not only currently unfit or unable to care for the child, but also that this condition is likely to continue into the foreseeable future. Missouri law permits third-party custody if the biological parents are deemed unfit, unsuitable, or unable to serve the child’s needs.
In both states, courts want to see that:
- The child already has a meaningful connection with the grandparent
- The grandparent is physically and emotionally capable of caring for the child
- There is clear evidence that remaining with the parent would not serve the best interests of the child
If these conditions are met, grandparents may be eligible to get custody in Kansas or Missouri through a formal court order.
Proving the Best Interests of the Child
Every custody decision comes down to one core question: What serves the best interests of the child? For grandparents to get custody in Kansas or Missouri, they must show that their care offers greater stability, safety, and emotional support than what the child would receive from the parent(s).
Courts consider several factors when determining the best interests of the child, including:
- The child’s emotional ties to the grandparent
- The child’s current living environment
- Each adult’s ability to meet the child’s physical and emotional needs
- Any history of abuse, neglect, or instability
If staying with the parent would expose the child to harm or constant instability, and the grandparent can offer a safer alternative, the court may award custody. In these situations, grandparents may get custody in Kansas or Missouri.
Legal Process for Grandparents Seeking Custody
If you’re a grandparent in Kansas City considering a custody petition, here’s what the process typically involves:
- Filing a Petition: You’ll need to formally file a request for custody in the proper court and provide evidence supporting your claim. This includes documentation of the parent’s unfitness and your own capacity to care for the child.
- Serving the Parent(s): The child’s legal parents must be notified of the petition and given an opportunity to respond. This may lead to a contested hearing if they object.
- Court Evaluation: The court may order home studies, guardian ad litem investigations, and/or interviews with the child. All of this helps the judge assess the best interests of the child.
- Custody Hearing: During the hearing, both sides present evidence. If the judge finds the parent unfit and the grandparent capable, grandparents can get custody in Kansas or Missouri through a court-issued custody order.
This process can be emotional and complex. Working with an experienced family law attorney can help ensure everything is handled correctly, and is in line with local court expectations.
Temporary Custody and Emergency Situations
In some cases, grandparents may be able to obtain temporary custody while a full hearing is pending. This is often necessary if the child is in immediate danger or needs urgent care.
If a parent is arrested, hospitalized, or otherwise unable to care for the child, grandparents can request emergency custody. These cases move faster and can provide immediate protection for the child while the court reviews long-term options.
Temporary custody orders are still based on the best interests of the child, and may transition into long-term arrangements if the parent’s situation does not improve.
Kansas Legal Group Can Help You Take the Right Steps
If you believe a child in your family is living in an unsafe or unstable situation, you don’t have to wait for things to get worse. There are legal pathways for helping that child, and in some cases, that means pursuing custody.
At Kansas Legal Group, we work with grandparents who want to protect their grandchildren and do what’s right for the family. Our team of family law attorneys understand what judges look for when deciding whether grandparents get custody in Kansas or Missouri, and we know how to build a strong case based on the best interests of the child.
Contact us today to schedule a consultation. We’re here to help you take action, protect your grandchild, and move forward with confidence.
Amanda Showalter
Attorney at Kansas Legal Group
Amanda Showalter is a dedicated family law attorney at Kansas Legal Group, serving clients across Kansas and Missouri since 2009. She focuses on divorce, custody, support, and other domestic matters, offering compassionate guidance and strong advocacy. Known for her steady leadership and thoughtful counsel, Amanda is committed to achieving positive outcomes while supporting clients through life’s most difficult challenges.
Education: University of Missouri - Kansas City School of Law
Years of Experience: 15+ years of high-level divorce experience