Kansas Supreme Court and Court of Appeals opinions are normally released Friday mornings at 9:30 a.m. Published Appellate Opinions are posted to the Kansas Appellate Courts’ website within one hour of that time. Unpublished Appellate Opinions are posted on the Kansas Appellate Courts’ website but are not available until later – between one hour to one day after release. Unpublished decisions are available on this website. This page includes only Kansas Family Law and Family Law-related Appellate Decisions. The decisions on this page include both published and unpublished opinions.
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2019 Kansas Family Law Appeals Decisions
Supreme CourtJuly 19, 2019
Published 115776 – In re Paternity of S.M.J. v. Ogle video – Beier – Douglas – Affirmed Court of Appeals judgment vacating district court judgment. [Contempt, procedure, personal appearance, due process, statutory construction] July 12, 2019 Published 117368 – In re A.A.-F. video – Luckert – Geary – Affirmed Court of Appeals judgment affirming the district court is affirmed; affirmed. [CINC, UCCJEA, jurisdiction, burden of proof, appellate standards, subject matter, comity, interstate jurisdiction] June 7, 2019 Published 118188 – In re Guardianship and Conservatorship of B.H. –Rosen,J. – Reversed Court of Appeals, remand for further findings – Wilson [guardianship, CINC, parental preference, extraordinary circumstances, parental fitness, appellate standards] Other Kansas Supreme Court Decisions: release dates… |
Court of Appeals December 13, 2019 Unpublished 120522 – In re Marriage of Hoff – Per Curiam – Affirmed – Riley [child support, settlement agreement, contract, automatic increase in support, change of income, sanctions for failure to update] 121242 – In re A.C. – Per Curiam – Affirmed – Lyon [CINC, parent termination, appellate standards, substantial evidence, clear-and-convincing standard, hearsay evidence] 121292 – In re I.D. – Per Curiam – Affirmed – Sedgwick [CINC, parent termination, parental fitness, appellate standards, substantial evidence, clear-and-convincing standard, best interests] 121356 – In re M.B. – Per Curiam – Affirmed – Butler [CINC, parent termination, appellate standards, substantial evidence, clear-and-convincing standard, best interests] 121376 – In re S.T. – Per Curiam – Reversed and remanded with directions – Sedgwick [CINC, parent termination, appellate standards, imprisonment, parental fitness, clear and convincing evidence] December 6, 2019 Unpublished 120839 – In re Marriage of Wells – Per Curiam – Affirmed – Chase [spousal support, modification, appellate standards, cohabitation, negative findings] November 27, 2019 Unpublished 121248 – In re T.M. – Per Curiam – Affirmed – Harvey [CINC, parent termination, appellate standards, substantial evidence, clear-and-convincing standard] November 22, 2019 Published 120797 – In re Adoption of E.D. – Leben – Affirmed – Johnson [Adoption, Parent Termination, Third Party Custody, Consent to Adoption, failure to assume parental duties, appellate standards, harmless error] Unpublished 121051 – In re Adoption of Baby Girl G. – Pierron – Affirmed in part, reversed in part, and remanded with directions – Sedgwick [Adoption, parent termination, duty of support, appellate standards, support before birth, uncertainty of parentage] 121057 – In re K.L. – Leben – Affirmed – Wyandotte [CINC, parent termination, sexual offenses, appellate standards, admission of evidence] 121313 – In re L.H. – Per Curiam – Affirmed – Wyandotte [CINC, parent termination, appellate standards, abuse of discretion, evidence to support findings, lack of evidence, unfit for forseeable future] November 15, 2019 Unpublished 121180 – In re K.V. – Powell – Reversed and remanded with directions – Allen [CINC, parent termination, appellate standards, abuse of discretion, evidence to support findings, lack of evidence, unfit for forseeable future] November 8, 2019 Unpublished 120053 – In re Marriage of O’Malley – Per Curiam – Reversed and remanded with directions – Crawford [divorce, premarital agreements, UPAA, uniform premarital agreement act, appellate standards, required findings, abuse of discretion, failure to make required findings] November 1, 2019 Unpublished 120473 – In re Marriage of Steinbauer – Per Curiam – Affirmed – Butler [Divorce, property division, educational decree as property, appellate standards, discretion] 120882 – In re L.K. – Per Curiam – Affirmed – Geary [CINC, parent termination, appellate standards, withdrawal of relinquishment, stipulations, knowing waiver] 121016 – In re J.P. – Per Curiam – Affirmed – Ellis [CINC, parent termination, appellate standards, adequate notice, service, jurisdiction, personal jurisdiction, ] 121119 – In re S.K. – Per Curiam – Affirmed – Crawford [CINC, parent termination, appellate standards, clear-and-convincing evidence, reintegration, substantial competent evidence, child’s best interests] October 25, 2019 Unpublished 120758 – In re Marriage of Smith – Per Curiam – Affirmed – Reno [child custody, move-away, appellate standards, parenting time factors] 120893 – In re Marriage of Fireoved – Per Curiam – Affirmed – Leavenworth [child custody, child support, burden of proof, move-away, appellate standards, parenting time factors, medical insurance credits, multi-family adjustment, attorneys fees] October 18, 2019 Published 121131 – In re D.H. – Standridge, J. – Reversed and remanded with directions – Ellis [CINC, appellate standards, statutory construction, evidence outside time period] October 11, 2019 Unpublished 119342 – In re A.N. – Per Curiam – Affirmed in part and dismissed in part – Shawnee [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] 119429 – In re Marriage of Schultz – Per Curiam – Affirmed – Johnson [divorce, failure to appear, set aside, mistake, appellate standards] 120699 – Hunsaker v. Harden – Per Curiam – Appeal dismissed – Douglas [protection from abuse, PFA, appellate standards, mootness] 120999 – In re I.R. – Per Curiam – Affirmed – Shawnee [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] 121009 – In re O.P. – Per Curiam – Affirmed – Anderson [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] October 4, 2019 Published 120359 – In re Adoption of C.S. – Warner – Shawnee – Affirmed. [adoption, parent termination, due process, appellate standards] Unpublished 120634 – In re Adoption of M.W. – Per Curiam – Affirmed – Ellis [adoption, step-parent adoption, appellate standards, parent termination, abuse of discretion, abusive relationship] September 27, 2019 Published 118246 – In re Marriage of Thrailkill [child support, military pension, military pay, appellate standards, child support income] 119919 – State v. Smith –Gardner – Douglas – Reversed and sentence vacated. [stalking, criminal stalking, defamation, 1st Amendment, appellate standards, written documents, constitutional speech, unconstitutional restraints] Unpublished 120342 – In re Marriage of Poje – Per Curiam – Reversed and remanded with directions – Wyandotte [divorce judgments, thrift savings plan, dormant judgments, void judgments, appellate standards] 120507 – In re L.E. – Per Curiam – Affirmed – Sedgwick [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] September 20, 2019 Unpublished 119327 – Butts v. Butts – Per Curiam – Reversed and remanded with directions – Sumner [partition, family partition, procedure, consolidation, law of the case] 119770 – Risley v. Risley – Powell – Affirmed – Douglas [protection from abuse, PFA, appellate standards, appellate procedure, substantial evidence] 120247 – Estate of Darby v. Bettencourt – Per Curiam – Reversed and remanded with directions – Johnson [joint tenancy, deeds, single individuals, estates, contract interpretation, appellate standards] 120519 – Stone v. Stone – Per Curiam – Affirmed – Finney [real estate, contracts, estates, tenancy, divorce, appellate standards] September 6, 2019 Published 121034 – In re Name Change Petition of Clark – Arnold-Burger – Norton – Reversed and remanded with instructions [name change, incarceration, prison regulations, appellate standards] Unpublished 120653 – In re A.A. – Per Curiam – Affirmed – Harvey [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] August 23, 2019 Unpublished 119629 – Z.U. by Kerschen v. Uwadia – Per Curiam – Appeal dismissed – Sedgwick [protection from abuse, PFA, appellate standards, appellate procedure, death, mootness, survival of actions] 119705 – In re Marriage of Hoff – Per Curiam – Affirmed – Riley [spousal support, modification or termination, appellate standards, religious views, sexual relations, cohabitation] August 16, 2019 Published 118802 – In re I.A. – Standridge Appeal Dismissed – Johnson [CINC, appellate standards, appellate jurisdiction, untimely appeal, notice of appeal rights] Unpublished 119221 – In re Marriage of LaForest – Per Curiam – Affirmed in part, reversed in part, and remanded with directions – Sedgwick [divorce, appellate standards, default judgments, set aside, attorneys fees, spousal support, maintenance] 119700 – In re Marriage of Leming – Per Curiam – Affirmed – Sedgwick [child support, appellate standards, remand, impute income, asset liquidation, child support vs. asset division] August 9, 2019 Unpublished 120131 – In re Marriage of Evans – Per Curiam – Affirmed – Johnson [child custody, jurisdiction, UCCJEA, home state jurisdiction, temporary absence, 6-month period, appellate standards, concurrent interstate filings, court communications, record] 120384 – Spratley v. Weston – Per Curiam – Affirmed – Johnson [parentage, name change, attorneys fees, appellate standards] 120471 – In re F.C. – Per Curiam – Affirmed – Sedgwick [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] 120491 – In re H.J. – Per Curiam – Affirmed – Wyandotte [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] 120618 – In re L.R. – Per Curiam – Affirmed – Comanche [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, child’s best interests] August 2, 2019 Unpublished 120351 – In re Marriage of Harwood & Blevins – Per Curiam – Reversed and remanded with directions – Sedgwick [child custody, divided custody, appellate standards, exceptional circumstances, court speculation] July 26, 2019 Unpublished 119113 – In re Marriage of Moler – Per Curiam – Affirmed in part, reversed in part, and remanded with directions – Johnson [child support, separation agreements, contracts, contract interpretation, supplemental child support, appellate standards, ‘earned income’, reformation of agreements] 119120 – In re Marriage of Barua & Hamidjaja – Per Curiam – Affirmed – Johnson [child custody, move-away, appellate standards, judicial discretion, guardian ad litem, failure to preserve, timely objection] July 19, 2019 Published 120504 – In re J.L. – Shawnee – Reversed and remanded. [CINC, parental rights, due process, procedural protections, default, pretrial conference, non-appearance] July 5, 2019 Unpublished 119489 – In re Marriage of Whildin – Per Curiam – Affirmed in part and dismissed in part – Miami [child support, marital settlement agreements, contract interpretation, child support, extended child support formula, imputing income, appellate standards ] June 21, 2019 Published 119797 – In re M.S. – Gardner – Shawnee – Affirmed [CINC, parent termination, appellate standards, default judgments, clear-and-convincing evidence, substantial competent evidence, child’s best interests, satisfactory progress, reintegration plans, failure of reasonable efforts vs. effective efforts] June 14, 2019 Published 119134 – State ex rel. Secretary of DCF v. Manson – Arnold-Burger – Shawnee – Affirmed [parentage, voluntary acknowledgment of parentage, VAP, time limits, appellate standards, objections] Unpublished 120362 – In re S.B. – Per Curiam – Reversed and remanded – Chase [CINC, parent termination, appellate standards, clear-and-convincing evidence, substantial competent evidence, case plan objectives, satisfactory progress, reintegration plans] June 7, 2019 Unpublished 117301 – In re Parentage of M.F. – Per Curiam – Affirmed – Butler (Review accepted 9/3/2019) [parentage, same-sex relationship, appellate standards, ART, artificial insemination, meeting of the minds, presumptive parent, lack of coparenting agreement] 118736 – In re Marriage of Peffly – Per Curiam – Affirmed – Butler [divorce, property division, spousal support, appellate standards, family trust moneys, separate property, discretion] 119064 – In re Marriage of Patel & Yendru – Per Curiam – Affirmed – Sedgwick [post-judgment motions, subpoenas, post-decree discovery, quash subpoena, enforcement of subpoena, civil procedure, appellate standards] 119444 – In re M.P. – Per Curiam – Affirmed – Shawnee [CINC, parent termination, appellate standards, profound special needs, discretion, clear-and-convincing evidence] 119933 – In re D.S. – Per Curiam – Affirmed – Sedgwick [CINC, parent termination, appellate standards, “stipulation of present unfitness,” clear and convincing evidence, substantial evidence] 120415 – In re R.F. – Per Curiam – Reversed and remanded with directions – Johnson [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence, lack of contact, “bureaucratic fumbling”] May 31, 2019 Unpublished 119745 – In re P.R. – Per Curiam – Affirmed – Shawnee [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] 119983 – B.Y. v. D.M. – Per Curiam – Affirmed in part, reversed in part, and remanded with directions – Shawnee [stalking, PFS, “sexual assault,” statutory construction, definitions, appellate standards] 120313 – In re A.L. – Per Curiam – Affirmed – Johnson [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] 120608 – In re W.J. – Per Curiam – Affirmed – Barber [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] May 24, 2019 Unpublished 118734 – Carman v. Harris – Per Curiam – Affirmed – Johnson [parentage, child custody, child support, joint legal custody, parenting time, appellate standards, discretion, due process, self-represented parties, civil procedure, parenting time guidelines, child support modification date] 120204 – In re Adoption of A.T.V. – Per Curiam – Affirmed – Finney [Adoption, parent termination, appellate standards, incidental child support] May 17, 2019 Published 120239 In re K.H. — Shawnee—Malone, J. – Reversed and remanded Shawnee [CINC, parent termination, appellate standards, default judgments, procedure, notice, personal appearance] May 10, 2019 Unpublished 120211 – In re A.T. – Schroeder – Affirmed – Lyon [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] 120220 – In re P.L. – Per Curiam – Affirmed – Shawnee [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] 120300 – In re R.G. – Per Curiam – Affirmed – Shawnee [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] 120373 – In re A.W. – Per Curiam – Affirmed – Johnson [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] May 3, 2019 Unpublished 120124 – In re L.C. – Per Curiam – Affirmed – Douglas [CINC, appellate standards, clear and convincing evidence, substantial evidence] 120193 – In re J.S. – Per Curiam – Affirmed – Leavenworth [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] April 19, 2019 Published 119536 In re W.L. – Bruns – Affirmed – Crawford (Review accepted 9/3/2019) [Parentage, same-sex relationship, parentage presumptions, notorious or in writing] Unpublished 119774 – Elem v. Elem – Arnold-Burger – Vacated – Shawnee [PFS, stalking, default judgments, set aside, notice, required notice, insufficient evidence, addition of parties, lack of witnesses, abuse of discretion, due process, self-represented litigants, constitutional rights, First Amendment, church attendance] 119836 – In re J.K. – Per Curiam – Affirmed – Riley [CINC, UCCJEA, jurisdiction, appellate standards, modification jurisdiction, residence, no contact with initial state] April 12, 2019 Unpublished 120316 – In re A.H. – Per Curiam – Affirmed – Wyandotte [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] April 5, 2019 Published 120019 – In re Marriage of Bahlmann – Gardner, J. – Affirmed – Riley [Child custody, appellate procedure, civil procedure, post-decree motions, S.Ct. Rule 133, oral argument, res judicata, prima facia case] Unpublished 119156 – In re D.H. – Per Curiam – Reversed and remanded with directions – Meade [CINC, appellate standards, ICWA, interested parties, notice] 120107 – In re H.E. – Per Curiam – Affirmed – Douglas [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] March 29, 2019 Unpublished 119835 – In re L.C. – Per Curiam – Appeal dismissed – Douglas [CINC, parent termination, appellate standards, clear and convincing evidence, substantial evidence] 120244 – In re D.E. – Per Curiam – Affirmed – Wyandotte [CINC, parent termination, appellate standards, clear and convincing evidence] 120361 – In re L.B. – Per Curiam – Affirmed – Atchison [CINC, parent termination, appellate standards, clear and convincing evidence] March 22, 2019 Unpublished 119333 – Kaelter v. Sokol – Per Curiam – Appeal dismissed – Johnson (Review denied December 19, 2019) [discovery, appellate jurisdiction, post-judgment discovery, final orders, interlocutory appeals, appellate standards, collateral order doctrine] March 15, 2019 Published 119021 In re Marriage of Towle and LeGare – Powell – Reversed and remanded with directions to dismiss – Wyandotte [separate maintenance, divorce, abatement of actions, death, substitution of parties, journal entry, final judgment, docket sheet, appellate standards, jurisdiction, motions] March 8, 2019 Unpublished 119601 – In re M.A. – Per Curiam – Affirmed – Shawnee [CINC, parent termination, appellate standards, clear and convincing evidence] 119882 – In re D.H. – Per Curiam – Affirmed – Sedgwick [CINC, appellate standards, clear and convincing evidence, parent termination, default judgments, set aside] 119943 – In re J.E. – Per Curiam – Affirmed – Kingman [CINC, parent termination, appellate standards, clear and convincing evidence] 120049 – In re K.L. – Per Curiam – Affirmed – Lyon [CINC, parent termination, appellate standards, clear and convincing evidence] March 1, 2019 Unpublished 118867 – In re Marriage of Buchanan – Per Curiam – Affirmed – Saline [Divorce, mediation, mediated agreement, voluntary just equitable, bias, conflict of interest, appellate standards] 119026 – In re Estate of Frost – Per Curiam – Affirmed – Johnson [Probate, set aside, judgments, 60-260, fraud, statute of limitations, appellate standards] 119578 – In re J.F. – Per Curiam – Affirmed – Wyandotte [CINC, parent termination, appellate standards, clear and convincing evidence] 119596 – Valle v. Green – Per Curiam – Affirmed – Johnson [parentage, parenting plans, guardian ad litem, appellate standards, issue waiver] 119654 – In re S.R. – Per Curiam – Affirmed – Cloud [CINC, appellate standards, clear and convincing evidence, parent termination, reintegration plan] 119786 – In re N.S. – Per Curiam – Affirmed – Leavenworth [CINC, parent termination, appellate standards, permanent custodianship, clear and convincing evidence] February 22, 2019 Unpublished 118479 – In re Marriage of Porterfield – Powell – Affirmed – Johnson [Judgments, dormancy, void judgments, QDRO, appellate standards, statutory interpretation] 119633 – In re Z.E. – Per Curiam – Affirmed – Miami [CINC, parent termination, appellate standards, clear and convincing evidence] February 15, 2019 Unpublished 119154 – Lamar v. Lamar – Per Curiam – Affirmed – Johnson [divorce, property division, credit card division, conversion, punitive damages, intentional torts, appellate standards] 119217 – In re A.Z. – Per Curiam – Affirmed – Wyandotte [CINC, parent termination, appellate standards, clear and convincing evidence] 119788 – In re Adoption of J.D.W. – Per Curiam – Affirmed – Doniphan [Adoption, parent termination, appellate standards] February 1, 2019 Published 119099 – In re Marriage of Babin – Walker, J. – Reversed and remanded with directions – Dickinson [Military retirement pay, spousal support, alimony, spousal maintenance, military disability pay, agreements, federal preemption] Unpublished 118973 – In re Guardianship & Conservatorship of Crist – Per Curiam – Affirmed – Anderson [appellate standards, statutory construction, definitions, “adult with an impairment in need of a guardian or a conservator, or both,” permanent vs. non-permanent, clear and convincing evidence] 119694 – In re P.W. – Per Curiam – Affirmed – Sedgwick [CINC, parent termination, appellate standards, clear and convincing evidence] January 25, 2019 Unpublished 119090 – In re L.F. – Per Curiam – Affirmed – Harvey [CINC, parent termination, appellate standards, clear and convincing evidence] 119646 – In re Paternity of Z.H. – Per Curiam – Affirmed – Shawnee [Parentage, “primary custody,” appellate standards, deadlines, alter or amend, discretion] January 18, 2019 Unpublished 119061 – In re I.O. – Buser – Affirmed – Leavenworth [CINC, appellate standards, clear and convincing evidence, parent termination] 119335 – In re K.F.W. – Per Curiam – Affirmed – Butler [CINC, appellate standards, clear and convincing evidence, parent termination] 119613 – In re L.D. – Per Curiam – Affirmed in part, reversed in part, and remanded with directions – Ellis [CINC, appellate standards, clear and convincing evidence, parent termination] January 11, 2019 Published 118676 – In re Marriage of Strom – Schroeder – Affirmed – Riley (Review denied) [Military retirement, dormancy, judgments, revivor, statutory construction, contracts] Unpublished 118441 – JA-DEL, Inc. v. Winkler – Per Curiam – Affirmed – Johnson [Contracts, wedding reception, unjust enrichment, appellate standards, trial procedure] 119651 – In re J.H. – Per Curiam – Affirmed – Douglas [CINC, appellate standards, clear and convincing evidence, parent termination] Other Court of Appeals Decisions: release dates… |