Kansas Family Law Appeals 2022

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 Unpublished Appellate Opinions are posted on the Kansas Appellate Courts’ website but are not available until later – between one hour to one day after release. Unpublished decisions are available on this website.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 The decisions on this page include both published and unpublished opinions.

Kansas Supreme Court

Kansas Court of Appeals

September 9, 2022 Published 123599 – In the Interests of N.E. – Reno – Review of the judgment of the Court of Appeals in an unpublished opinion filed November 5, 2021. Affirms Court of Appeals dismissal of appeal. [CINC, parent termination, adoption, interested parties, appellate jurisdiction, custody vs. placement, post-dispositional orders, appellate standards, timely objections, stare decisis] September 2, 2022 Published 124955 – In the Matter of Jason M. Janoski – Original – One year suspension from practice [Attorney discipline, divorce, OFW, mental health, non-compliance, probation, abusive conduct, failure to follow court orders] May 6, 2022 Published 122294 – In the Matter of L.L. by C.W. and T.W., grandparents and D.L. and A.W., parents – Johnson – Judgment of the Court of Appeals dismissing the appeal is affirmed. Review of the judgment of the Court of Appeals in an unpublished opinion filed April 16, 2021. [Parentage, standing, jurisdiction, appellate review, appellate standards, statutory construction, Kansas Parentage Act] Other Supreme Court Decisions: here

December 23, 2022 Unpublished 124911 – In re Parentage of M.F., by K.L. vs. T.F. – Butler – Affirmed. [Parentage, acknowledgement, same-sex relationship, appellate standards, sufficient evidence, judicial factfinding] 124945 – In the Interest of I.S. – Sedgwick – – Affirmed. [CINC, parent termination, appellate standards, ineffective assistance] 125111 – In the Interest of G.P. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence, foreseeable future, substance abuse, hazardous housing] December 16, 2022 Unpublished 125233 – In re Marriage of Lucas – Johnson – Affirmed [Divorce, enforcement, repetitive appeals, sanctions, frivolous arguments, associated litigation, third-party defendants, appellate standards, attorneys fees, judicial discretion] December 9, 2022 Unpublished 125103 – In the Interest of J.M. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence, foreseeable future, protection from abuse, failure to return/engage] 125230 – In the Interest of M.T. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence, foreseeable future, abusive household] November 23, 2022 Unpublished 124719 – In the Interests of A.S. and S.S. – Saline – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence, foreseeable future, drug addiction] 124937 – In re E.E.B by A.B. v. E.K. – Riley – Affirmed [Parentage, child support, parenting time, parental conflict, appellate standards, vaccinations, COVID-19, judicial discretion, constitutional law, parent rights, government action vs. private action] 124948 – In the Interest of S.M. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence, foreseeable future, mental incapacity] November 18, 2022 Unpublished 125035 – In re Marriage of Holmes and Gagel – Johnson – Affirmed [Spousal support, termination, appellate standards, judicial discretion, abuse of discretion, contracts, marital settlement agreement, contract interpretation, clear-and-unambiguous] November 10, 2022 Unpublished 124942 – L.S. vs. C.S. and E.S. – Ford – Reversed and remanded. [PFS, stalking, requirements, associated children, appellate standards, interstate jurisdiction, personal jurisdiction, out-of-state actions, third-party custody actions, “abusing legal system”] November 4, 2022 Unpublished 125125 – In the Interests of D.J., K.J., and J.J. – Thomas – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence, foreseeable future, failure to progress] October 28, 2022 Unpublished 124854 – In the Interest of A.J. – Sedgwick – Reversed and remanded, with directions. [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence, foreseeable future, criminal charges] October 21, 2022 Unpublished 124563 – In the Interests of D.S. JR., D.S., and D.S. – Geary – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence, mental health] 124961 – In the Matter of H.M. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence] October 14, 2022 Unpublished 123833 – In the Matter of the Parentage of R.R. – Sedgwick – Affirmed. [Parentage, UPA-1983, presumptions, competing presumptions, biology vs. relationship, appellate standards, Ross determination, judicial bias, “legitimacy”] October 7, 2022 Unpublished 124862 – In the Interests of G.P – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence] September 30, 2022 Unpublished 124583 – In re Adoption of H.S. – Sedgwick – Affirmed. [Adoption, parent termination, duties of parent, two-year period, visitation interference, burden of proof, clear and convincing evidence, appellate standards, interstate move, child support, financial support, incidental contact, phone contact, parental alienation, failure to pay support for 2-years] 124696 – In re Parentage of C.R. – Atchison – Affirmed in part, reversed in part, and remanded with directions. [Parentage, presumed fathers, competing presumptions, incarceration, written acknowledgment, intervention, notice of proceedings, void orders] 125054 – In the Interests of K.R., T.A. and A.S. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence, autism, methampetamine] September 23, 2022 Unpublished 124116 – In re Marriage of Holliday – Jackson – Reversed. [Divorce, post-decree, retirement plan, KPERS, dormancy, dormant judgment, expired judgment, appellate standards] 124529 – In re Marriage of Shafer – Johnson – Reversed and remanded, with directions [Divorce, post-decree, retirement plan, KPERS, dormancy, dormant judgment, expired judgment, appellate standards] 124873 – In the Interests of K.L. and T.L. – Thomas – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence, unknown fathers, Due Process, notice, evidence standards, hearsay admission] September 16, 2022 Published 124288 – In re Parentage of A.K. – Johnson – Affirmed [Parentage, presumptions, appellate standards, competing presumptions, consent, co-parenting consent, birth certificate] Unpublished 123395 – In re Williams – Sedgwick – Affirmed [Child Support, modification, look back, duty to update, income information, sanctions] 124825 – In the Interests of K.M. and T.C. – Johnson – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence] September 9, 2022 Published 123710 – In re Parentage of E.A. – Shawnee – Affirmed. [Parentage, adoption, grandparents, intervention, presumptions, presumption of parentage, clear-and-convincing standard, appellate standards, burden of going forward, conflicting presumptions, collateral order doctrine, open and notorious, timing, res judicata, collateral estoppel] Unpublished 124721 – In re Marriage of Martin – Labette – Reversed and remanded with directions [Divorce, temporary orders, appellate standards, property division, debt division, contempt, gift, jurisdiction, post-decree orders, post-decree modification] September 2, 2022 Unpublished 124934 – In the Interests of A.C., C.C., and A.C. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, sufficient evidence] August 26, 2022 Unpublished 124577 – In the Interests of ZS, ES, and KS – Douglas – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, disability, disparate treatment, general vs specific impact, sufficient evidence, mental health, psychiatric diagnosis] August 19, 2022 Unpublished 124349 – In the Interest of K.H., K.R.T., and K.J.T. – Shawnee – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, equal protection, disparate treatment, general vs specific impact, sufficient evidence] August 12, 2022 Unpublished 124487 – In re Marriage of Daon and Stewart – Johnson – Reversed and remanded. [Divorce, property division, child’s property, 529 account, appellate standards, contract interpretation, marital settlement agreement] August 5, 2022 No Family Law Appellate Decisions filed July 29, 2022 No Family Law Appellate Decisions filed July 22, 2022 Unpublished 123469 – R.W. v. C.M. – Osage – Affirmed [PFS, stalking, temporary orders, renewed requests, final orders, appellate standards, judicial discretion, mootness, exceptions to mootness, sufficient evidence, burden of proof] 124679 – In re Marriage of English – Leavenworth – Affirmed. [Divorce, property division, spousal support, appellate standards, failure to preserve issue, ‘marital property’, judicial discretion] July 15, 2022 No Family Law Appellate Decisions filed July 8, 2022 Unpublished 124374 – In the Interests of S.C., S.C., and H.C. – Johnson – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent, reintegration plan] July 1, 2022 Unpublished 124538 – In the Interest of L.B. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, default judgment, nonappearance, unfit parent, ineffective assistance, issue waiver, timely objections] 124640 – In the Interest of A.M. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, evidence sufficiency, unfit parent, ineffective assistance, issue waiver, timely objections] June 17, 2022 Unpublished 123643 – In re Marriage of Ozkan – Johnson – Appeal dismissed [Child support, appellate jurisdiction, acquiescence, defective notice, appellate standards, appellate procedure] June 10, 2022 Unpublished 124454 – In re Marriage of Smith – Johnson – Affirmed in part, dismissed in part. [Child custody, appellate standards, jurisdiction, UCCJEA, age of majority] June 3, 2022 Unpublished 124350 – In the Interests of Z.J. – Sedgwick – Affirmed. [CINC, parent termination, ICWA, notice, appellate standards, due diligence] 124714 – In the Interests of J.H. – Saline – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent] May 27, 2022 Unpublished 124050 – In the Interests of S.G., N.G., and M.G. – Grant – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, unfit parent] May 20, 2022 Unpublished 123910 – In re Marriage of O’Malley –Crawford – Affirmed. [Divorce, premarital agreements, contracts, appellate standards, contract interpretation, unconscionable, property division, UPAA, Uniform Premarital Agreements Act, ambiguity, advice of counsel] May 13, 2022 Unpublished 122662 – Osborn v. Kansas Dept for Children and Families – Bourbon – Affirmed in part, reversed in part, and remanded with directions. [Wrongful death, abuse and neglect, murder, failure of reasonable care, immunity, special duty, appellate standards, Kansas Tort Claims Act] 123915 – In re Marriage of Swisher – Sedgwick – Reversed and remanded with directions. [Child custody, parenting time, appellate standards, modification, material change, abuse of discretion, sufficient evidence, child’s wishes, summary proceedings] 124426 – In re Adoption of S.A.P. and K.N.P. – Leavenworth – Affirmed. [Adoption, step-parent adoption, appellate standards, sufficient evidence, failure to parent, due process, parental rights, statutory construction, strict construction, “incidental”, clear and convincing evidence, negative findings, jurisdiction, UCCJEA, informal parenting plan, e April 22, 2022 Unpublished 124351 – In the Interest of A.E. – Johnson – Affirmed. [CINC, appellate standards, sufficient evidence, adequate support] April 15, 2022 Unpublished 123568 – In re Marriage of Freeman – Johnson – Affirmed. [Spousal support, modification, separation agreements, statutory construction, preservation of issues, decreased income, material change, appellate standards, contract interpretation] 124157 – In the Interest of L.F. – Wyandotte – Affirmed. [CINC, parent termination, appellate standards, due process, personal service, required process, constitutional rights, statutory construction, sufficient evidence, foreseeability, failure to protect] 124343 – In re Marriage of Parrish and Pippen – Miami – Appeal dismissed. [Divorce, attorney fees, appellate jurisdiction, final judgment, “party”, parties to action, collateral orders] 124451 – B.R.M by R.D.M. v. M.B.W. – Rawlins –Affirmed [Parentage, child custody, parenting time, primary residence, modification, appellate standards, child custody factors] April 8, 2022 Unpublished 123483 – In re Marriage of Farha and Oaks – Sedgwick – Affirmed [Divorce, property division, business valuation, appellate standards, failure to comply, pretrial discovery, request for admissions, interrogatories, jurisdiction, post-trial motions, alter or amend, equitable vs equal division, division of assets vs value] 123789 – In re Marriage of Hardin and Boyd – Grant – Affirmed in part and reversed in part. [Divorce, property division, post-trial motions, alter or amend, sanctions, frivolous motions, attorney fees, appellate standards, equal vs equitable division, premarital assets, marital property, length of marriage, short-term marriage, frivolous vs unsuccessful, appellate fees] 124003 – In re Marriage of Soebbing and Lesser – Shawnee – Affirmed [Post-Decree, college expenses, child support, marital separation agreement, appellate standards, contract interpretation, “room and board”] 124280 – In the Interests of L.B. and O.B. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, sufficient evidence, foreseeability, failure to protect] 124382 – In the Interests of I.O. and K.J. – Johnson – Affirmed. [CINC, parent termination, appellate standards, sufficient evidence, foreseeability, failure to protect] March 25, 2022 Unpublished 123333 – In re Marriage of Clark – Sedgwick – Reversed and remanded with directions. [Divorce, temporary orders, temporary support, property division, final orders, summary proceedings, appellate standards, due process, overly-long process, 17-year-old-case, non-evidentiary hearing, dormancy, temporary vs. final support orders, “permanent maintenance”, 121-month limitation, agreements to waive court orders temporary support, setoff] March 18, 2022 Published 123444 – Schwarz v. Schwarz – Johnson – Affirmed [Grandparent visitation, appellate standards, subject matter jurisdiction, appellate jurisdiction, statutory construction, due process, parent rights vs. third-party, presumptions, special weight, attorney fees, “American rule”) 124100 – In the Interest of A.P. – Jefferson – Affirmed [CINC, parent termination, appellate standards, notice of hearing, manner of notice, certified mail, restricted delivery, statutory construction, due process, statutory interpretation, sufficient evidence] Unpublished 123995 – In the Interests of K.G. and R.G. – Butler – Affirmed [CINC, parent termination, appellate standards, sufficient evidence, foreseeability, substance abuse, felon in possession] March 11, 2022 Unpublished 123563 – In re Marriage of Zillinger – Cherokee – Affirmed [Divorce, property division, appellate standards, abuse of discretion, substantial evidence, “premarital property,” contributions of premarital money, marital vs. premarital property, marriage duration, valuation, temporary spousal support] March 4, 2022 Unpublished 124227 – In the Interests of W.G. and A.G. – Osage – Affirmed [CINC, parent termination, appellate standards, inconsistent finding, sufficient evidence, foreseeability, adequate briefing, incidental arguments, contemporaneous objections] February 25, 2022 Unpublished 123633 – In the Interest of S.G. – Rooks – Affirmed [CINC, parent termination, appellate standards, murder, judicial recusal, judicial bias, Zoom trial, videoconference hearings, criminal conviction, judge presiding over related cases, sufficient evidence, foreseeability, jurisdiction, concurrent proceedings, incidental arguments, due process, adequate notice, venue] 124441 – In the Interest of C.C. – Leavenworth – Affirmed [CINC, parent termination, appellate standards, sufficient evidence, foreseeability, failure to protect] February 18, 2022 Unpublished 123788 – In re Marriage of Nusz – Kiowa – Affirmed [Divorce, property division, child custody, child support, alter-amend, appellate standards, abuse of discretion, judicial bias, failure to raise issue, failure to preserve objections, failure to follow statutes, failure to follow rules, civil procedure, appellate procedure, sufficiency of evidence] February 11, 2022 No Family Law Appeals Decided February 4, 2022 Unpublished 123842 – In re Parentage of N.P. – Johnson – Affirmed [Parentage, child support, appellate standards, self-represented forms, bench-note, journal entry, set-aside, burden on appeal, delay, timeliness, new claims, mistake or inadvertence, retroactive modification, child support guidelines] 123908 – In the Interests of A.T., C.W., L.J.W., L.T.W., and L.T. – Sedgwick – Affirmed [CINC, parent termination, stipulations, appellate standards, foreseeability] 124131 – In the Interests of A.H. and C.P. – Sedgwick – Affirmed [CINC, parent termination, stipulations, appellate standards, foreseeability] 124217 – In re Name Change of Burnett – Reno – Affirmed [filing fees, poverty affidavit, dismissal without prejudice, appellate standards, self-represented parties, rules, “gold standard”] 124244 – In the Interest of L.B. – Sedgwick – Affirmed [CINC, parent termination, stipulations, appellate standards, forseeability] January 28, 2022 Unpublished 123546 – Mboumi v. Horton and Horton v. Mboumi – Shawnee – Affirmed [Contempt, sanctions, attorney sanctions, Rule 11 sanctions, court authority, frivolous claims, frivolous motions, appellate jurisdiction, final decision, interlocutory appeals, post-judgment decisions, local rules] 123765 – In the Interests of J.S. and A.H. – Franklin – Affirmed [CINC, parent termination, appellate standards, sufficient evidence, foreseeability] January 14, 2022 Unpublished 123655 – In the Interests of C.A.G. and C.R.G. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, sufficient evidence, foreseeability] 123755 – In the Interest of L.G. – Reno – Affirmed. [CINC, parent termination, appellate standards, sufficient evidence, remand] Other Court of Appeals Decisions: here