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A Family and Criminal Law Blog

Wife's power of attorney naming son cuts off husband's power to direct her health care

Djbrown

Q. My wife is currently hospitalized, but upon her release my stepson wants to place her in a nursing home against my will. He somehow got a power of attorney for her, but I am legally her husband. Don’t I have any rights? A. Under current Kansas law, a spouse ...

Can a 15-year-old mom marry the 22-year-old father of her child? Only if a judge says it will be in her best interest

Djbrown

Q. I am a 15-year-old mother trying to get married to the 22-year-old father of my child. My parents have given consent. Can I marry in Kansas? A. Getting consent of your parents is just one step in the process for a 15-year-old getting married. And, technically, the statute governing ...

Medical needs provide no defense when tinted car windows are too dark

Djbrown

Q. I received a ticket and have a court date for driving my car with tinted windows. The purpose of my tint is due to severe sensitivity to light. At times when I’m driving a vehicle without the tint my eyes tear and close. I can’t keep my eyes open ...

There is help for folks who can't afford to hire a divorce attorney

Djbrown

Q. I need to know how to file, on my own, for a divorce. I have a minor child. I face issues of custody, visitation, support etc. How do I proceed? A. Folks who cannot afford to hire an attorney for their divorce face many difficulties. Obviously, the court system ...

I did the work, can he really take half my retirement?

Djbrown

Q. I got married in Kansas but worked and earned retirement in Missouri. Does my husband have legal rights to half my retirement if I file for divorce? A. Retirement benefits are generally considered marital property and, as such, in Kansas the courts have the power to equitably divide marital ...

Who is Daddy? Only the Judge gets to decide

Djbrown

Q. A woman temporarily separates from her husband. She stays with a man that she meets at a bar. During her two months stay she becomes pregnant and returns to her husband. For the next nine months, she gives no information on birth date, name, sex, health, even though it ...

Once a court issues a maintenance (alimony) order, changing it isn't easy

Djbrown

Q. My ex and I did a simple divorce 10 months ago. I agreed to a 1 time payment of 50K from her because she said that we would be ''working'' on getting back together. That is not happening. She makes 600K/year and I am out of work. Can I ...

Can bicyclists be convicted for "driving under the influence" of alcohol or drugs?

Djbrown

Q. Can a bicyclist be convicted for driving or riding under the influence of alcohol or drugs?A. Generally, the answer in Kansas is no. But bicyclists who mistakenly think it is safe to drink and ride must be careful and know the laws of the community in which they are ...

Criminal history, even just an arrest, can show up in prospective employer's background checks

Djbrown

Q. I was arrested for domestic battery and successfully completed a diversion program through the district attorney’s office. I am applying for a job now. Will my arrest show up if my prospective employer does a background check?A. Assuming you are older than 16, your arrest and the resulting court ...

Best interests of children, not parents, govern custody decisions

Djbrown

Q. My wife and I have agreed that we should get a divorce and begin living apart. She will move out. We both think she should have full custody of the children. How long will she have to live elsewhere before she qualifies for full custody?A. There is no time ...

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