Supreme Court

November 22, 2023

Published

123833 – In re Parentage of R.R. – Barton – Court of Appeals decision of October 14, 2022, affirming district court affirmed. District court affirmed. [Parentage, presumptions, biology vs. marriage, conception during separation, biological parents living together, appellate standards, child’s best interests, ]

June 30, 2023

Published

124116 – In re Marriage of Holliday – Jackson – Court of Appeals decision reversing district court is reversed. District court affirmed. [Dormancy, expired judgments, KPERS, appellate standards, statutory interpretation, final judgments, property divison, pension division, tolling statute]

124529 – In re Marriage of Shafer – Johnson – Court of Appeals decision reversing district court is affirmed. District court reversed Judgment of the Court of Appeals reversing the district court is affirmed. District court reversed, with remand for further findings. [Dormancy, expired judgments, appellate standards, statutory interpretation, military retirement, final judgments, property divison, pension division, tolling statute]

March 31, 2023

Published

125617 – In re Common-Law Marriage of Heidkamp and Ritter – Johnson – Affirmed [Marriage, probate, common law marriage, appellate standards, appellate jurisdiction, elements of common law marriage, burden of proof, uncontested appeals, judicial discretion, facts vs. law, findings of fact, IRS requirements, state vs. federal law]

Court of Appeals

December 29, 2023

Unpublished

126533 – In the Interests of S.H., A.H., J.T., and M.T. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, inadequate parental supervision]

December 22, 2023

Published

126025 – In the Interest of X.L. – Wyandotte – Appeal dismissed. [CINC, appellate jurisdiction, parent termination, statutory construction]

Unpublished

125990 – In re Estate of Barnes – Sedgwick – Affirmed in part and dismissed in part. [Probate, heirs, disputed heirship, non-marital children, appellate standards, substantial evidence, notice of appeal, appellate jurisdiction, statutory interpretation, statutory requirements]

126511 – In the Interests of C.G., K.G., and J.G. – Butler – Affirmed in part and dismissed in part. [CINC, appellate jurisdiction, status, statutory construction, appellate standards, release of state custody, mootness]

December 15, 2023

Unpublished

126283 – In the Matter of M.G. and D.N. – Sedgwick – Reversed and remanded with directions. [PFA, protection orders, order extensions, words and phrases, “shall” meaning, appellate standards, statutory interpretation, directory vs. mandatory]

December 8, 2023

Unpublished

125835 – In re Estate of Judith A. Bizoe – Shawnee – Affirmed. [Probate, marriage, common law marriage, appellate standards, abuse of discretion, sufficient evidence, burden of proof, burden of persuasion, conflicting evidence, elements of common law marriage, waiver of argument, holding out, appellate attorney’s fees]

125850 – In re Marriage of Stewart – Crawford – Affirmed. [Divorce, property division, appellate standards, abuse of discretion, court “bias”, “sweat equity”, premarital property, domestic relations affidavits, property valuation, appellate attorneys fees]

125935 – In the Matter of J.W. – Ottawa – Appeal dismissed. [CINC, permanency hearing, appellate jurisdiction, statutory interpretation, “dispositions”]

126195 – In re Marriage of C.A. and M.A. – Sedgwick – Affirmed. [Divorce, child custody, parenting time, child support, judicial bias, appellate standards, failure to preserve objection, failure to move for disqualification, admonishments as bias, child custody factors]

126340 – In the Interests of H.H. and A.H. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, chronic drug use]

December 1, 2023

125735 – I.P on behalf of D.A. v. J.P. – Johnson – Affirmed in part, reversed in part. [PFA, protection orders, appellate standards, jurisdiction, waiver of objections, failure to argue issue, issue first raised on appeal, effect of no verification, abuse of discretion, substantial evidence]

November 3, 2023

Unpublished

125296 – In re Matter of J.S. and K.G. – Johnson – Affirmed. [Parentage, UCCJEA, jurisdiction, child-custody, parenting time, CINC, appellate standards, sole legal custody, due process, abuse of discretion, substantial evidence, judicial discretion, waiver of issues, failure to adequately brief, opportunity to be heard, bad result ≠ no due process, multi-state jurisdiction, failure to support appellate claim]

October 20, 2023

Unpublished

126006 – In re Adoption of V.A. – Seward – Affirmed. [Adoption, step-parent adoption, parent termination, appellate standards, child’s best interests]

126280 – In the Interest of S.T. – Sedgwick – Reversed and remanded with directions. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, felony, imprisonment, reversed conviction]

October 6, 2023

Unpublished

125231 – In re Marriage of S.D. II and L.D. – Geary – Affirmed in part and dismissed in part. [Child custody, temporary orders, post-decree modification, Servicemembers Civil Relief Act (SCRA), “residential custody”, military service, appellate standards, evidence]

September 29, 2023

Unpublished

126072 – In the Interests of A.S., D.S., and D.S. – Shawnee – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, conduct unlikely to change]

126128 – In the Interests of C.M. and S.M. – Pratt – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, conduct unlikely to change]

September 22, 2023

Unpublished

124856 – In re Marriage of Navrat – Harvey – Affirmed. [Divorce, Property Division, retirement accounts division, appellate standards, judicial discretion, child support, arrearages, child expenses, contempt, argument waiver]

September 15, 2023

Unpublished

125358 – In re Marriage of Wessley – Sedgwick – Affirmed. [Divorce, mediation, marital settlement agreement, MSA, contracts, ambiguity, parol evidence, appellate standards, appellate attorneys fees]

126129 – In the Interest of S.W. – Cowley – Affirmed. [CINC, appellate standards, clear and convincing evidence, temporary orders, child’s best interests, parental conflict]

September 1, 2023

Unpublished

124450 – M.G. v. C.H. – Johnson – Reversed and remanded with directions. [PFS, protection orders, burden of proof, admitted facts, “harassment”, First Amendment, Protected Speech, questions of law, appellate standards]

125823 – In re Marriage of J.H. and K.H. – Franklin – Reversed and remanded with directions. [Divorce, child custody, parenting time, sexual abuse, supervised parenting time, appellate standards, child’s testimony, hearsay, evidence standards, rules of evidence, abuse of discretion]

August 18, 2023

Unpublished

125525 – In re Adoption of R.H. – Geary – Reversed and remanded with directions. [Adoption, step-parent adoption, parent termination, appellate standards, failure to exercise parental duties, failure to exercise parenting time, child support paid]

125727 – In the Interests of B.J., B.J., Z.B., and Z.B. – Shawnee – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, conduct unlikely to change]

122265 – In the Interest of A.E. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, neglect and abuse]

August 11, 2023

Unpublished

125841 – In the Interests of M.B., A.B., A.B., A.B., and A.B. – Wyandotte – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, no adequate parental care]

125946 – In the Matter of the Adoption of H.S. – Pottawatomie – Affirmed. [Adoption, parent termination, appellate standards, failure to exercise parental duties, substance abuse, fetal alcohol]

August 4, 2023

Unpublished

125871 – In the Interests of C.H., T.H., and D.H. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, federal prison incarceration, parental relationship, reintegration plans]

July 28, 2023

Unpublished

125838 – In the Interest of J.W. – Rice – Reversed and remanded with directions. [CINC, parent termination, appellate standards, due process, notice of proceedings, clear and convincing evidence, child’s best interests, substance abuse, contradictory court statements]

126011 – In the Interest of A.R. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests]

July 21, 2023

Unpublished

124129 – State v. Treaster – Reno – Affirmed. [Criminal, stalking, violation of a protective order, criminal threat, battery, domestic violence, appellate standards, statutory authority, legislative enactments, limiting instructions]

124235 – In re Marriage of Lozada – Johnson – Affirmed. [Divorce, settlement agreements, set aside, failure to disclose asset, undisclosed assets, meeting of minds, appellate standards, contract principles]

125249 – In the Interest of H.V. – Wyandotte – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, illegal substance abuse, foreseeable future]

125724 – In the Interests of D.G., U.G., C.A., and D.G. – Johnson – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, gross neglect, foreseeable future]

125876 – In the Interest of A.M. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, poor living conditions, failure to complete permanency plan, foreseeable future]

126152 – In the Interest of B.R. – Douglas – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, incarceration, foreseeable future]

July 14, 2023

123981 – In the Interests of D.M. and S.M. – Lyon – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, foreseeable future]

June 23, 2023

Unpublished

125843 – In the Interests of B.S. and J.S. – Johnson – Affirmed. [CINC, parent termination, appellate standards, failure to appear, jurisdiction, UCCJEA, temporary emergency jurisdiction, home state jurisdiction, move from state exercising jurisdiction, exclusive continuing jurisdiction, failure to present evidence, venue, venue vs. jurisdiction, temporary absence, objections not preserved, clear and convincing evidence, child’s best interests, foreseeable future]

125894 – In the Interest of D.M. – Douglas – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, foreseeable future, safety concerns]

June 16, 2023

Published

125304 – In the Matter of the Parentage of W.L. and G.L. – Crawford – Affirmed. [Parentage, collateral attack, res judicata, presumptions of parentage, pre-existing judgments, preexisting parentage determination, appellate standards, artificial insemination, child-of-the-marriage, divorce, failure to plead, waiver of issues]

Unpublished

125161 – In the Interest of S.R. – Wyandotte – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, child’s best interests, foreseeable future, drug use]

June 9, 2023

Unpublished

125534 – In the Interest of A.S. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, best interests, foreseeable future, due process, right to testify, failure to appear]

June 2, 2023

Unpublished

125490 – In the Interest of O.C. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, fitness, best interests, failure to appear, due process, right to testify]

125516 – In the Interests of J.A., J.B.A., and I.A. – Ford – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, fitness, best interests, foreseeable future, drug abuse, serious crimes]

125732 – In the Interest of D.S. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, fitness, best interests, foreseeable future, unsatisfactory home conditions]

May 26, 2023

Unpublished

125654 – In the Interests of A.T., J.D., H.D., J.H., and A.E.T. – Shawnee – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, fitness, best interests, foreseeable future, gross neglect and indifference, methamphetamine]

April 28, 2023

Unpublished

125070 – In the Matter of the Adoption of L.M. – Shawnee – Affirmed. [Adoption, step-parent adoption, parent termination, failure to assume parental duties, interference with parental contact, parent alienation, appellate standards]

125480 – In the Interest of B.W. – Johnson – Affirmed. [CINC, parent termination, appellate standards, due process, notice of use of criminal history, clear and convincing evidence, sufficient evidence, failure to progress, housing]

125601 – In the Interests of K.B., K.B., and M.B. – Franklin – Affirmed. [CINC, parent termination, appellate standards, due process, continuances, clear and convincing evidence, sufficient evidence]

April 21, 2023

Unpublished

125707 – In the Interest of Z.S. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, stipulations, clear and convincing evidence, sufficient evidence, substance abuse]

125813 – In the Interests of R.G. and K.R. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, due process, sufficient evidence, substance abuse]

April 14, 2023

Unpublished

124259 – In re Marriage of Stallbaumer – Shawnee – Affirmed [Divorce, property division, spousal support, child support, appellate standards, self-represented appellant, inadequate briefing, fact-finding, appealed issues]

125429 – In the Interests of J.T. and M.T. – Sedgwick – Affirmed [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence]

April 7, 2023

Unpublished

124967 – In re Marriage of K.U. and C.U. – Geary – Affirmed in part, reversed in part, dismissed in part, and remanded with directions. [Divorce, Parentage, genetic testing, third-party parentage, appellate standards, appellate jurisdiction, judicial discretion, Ross hearing, child’s best interests, relief from judgment, fraud-misrepresentation rule, summary dismissal, constitutional rights, equal protection, appeal preservation]

March 31, 2023

Unpublished

124085 – In re Estate of Dorian L. Gray – Sedgwick – Affirmed [Probate, romantic relationships, property, title, no will, heirs, shared property, property rights in non-marital relationships, appellate standards, good faith purchaser, common law marriage, burden of proof, judicial findings, substantial evidence]

125271 – In re Marriage of Nance – Neosho – Affirmed. [Divorce, spousal maintenance, spousal support, appellate standards, judicial discretion, abuse of discretion, purposes of support]

March 24, 2023

Unpublished

125042 – In the Interest of K.D. – Johnson – Affirmed. [CINC, parent termination, appellate standards, UCCJEA, temporary emergency jurisdiction, ripening of jurisdiction, home state jurisdiction declination, due process, appellate jurisdiction, ICPC, required verification, “verify”, words-and-phrases, definitions, clear and convincing evidence, sufficient evidence]

125474 – In the Interest of C.T. – Rawlins – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence]

125674 – In the Interests of Z.L., N.M., and E.M. – Bourbon – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence]

March 10, 2023

Unpublished

124915 – City of Wichita v. Ratliff – Sedgwick – Affirmed. [Domestic violence, appellate standards, sufficient evidence]

125400 – In the Interest of S.M. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence]

125497 – In the Interest of E.T. – Reno – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, sufficient evidence]

March 3, 2023

Unpublished

124787 – D.A.W. vs. B.R.S. – Dickinson – Appeal dismissed. [PFS, appellate standards, expired orders, mootness, exceptions from mootness, failure to argue, right to counsel]

February 24, 2023

Unpublished

124545 – G.S. and G.D. v. J.P., III – Sedgwick – Affirmed in part and dismissed in part. [Protection orders, PFS, appellate standards, mootness, expired order, due process, evidence sufficiency, appellate jurisdiction, notice of appeal, designation of matters appealed, liberal construction, civil procedure]

124641 – In the Interests of G.D. and B.D. – Reno – Affirmed. [CINC, parent termination, unfitness, appellate standards, substance abuse, ongoing efforts, failed reintegration]

125366 – In the Interests of D.G. and M.G – Reno – Affirmed. [CINC, parent termination, family violence, habitability, health concerns, appellate standards, clear-and-convincing evidence, reasonable efforts, child’s best interests]

125394 – In the Interests of I.B., D.B.B., D.I.B., M.B., K.B., B.B., and B.M. – Sedgwick – Affirmed. [CINC, parent termination, continuances, judicial discretion, appellate standards]

February 17, 2023

Unpublished

125454 – In the Interest of A.S. – Sedgwick – Appeal dismissed. [CINC, temporary orders, appellate standards, mootness, sufficient evidence, later disposition]

February 10, 2023

Unpublished

124040 – In re Marriage of Bowers and Potts – Johnson – Affirmed. [Divorce, property division, appellate standards, premarital agreements, postmarital agreements, contract interpretation, judicial discretion, breach of contract, ambiguity, summary judgment, issue preservation, terms and definitions]

125139 – K.S. v. D.C. – Leavenworth – Reversed and remanded. [CINC, permanent custodianship, dueling grandmothers, third-party custody, third-party visitation, appellate standards, judicial discretion, standards of proof, constitutional rights, parent rights vs. non-parent rights, “special weight”, permanent custodian rights]

125235 – In the Interests of N.W., R.W., and A.W. – Franklin – Affirmed [CINC, appellate standards, sexual abuse, parent termination, child’s best interests]

February 3, 2023

Unpublished

124097 – In re Marriage of Obembe and Grammatikopoulou – Shawnee – Affirmed [Post-divorce, marital settlement agreement, child support, child support modification, appellate standards, contract interpretation, contract modification, jurisdiction, child support guidelines, income shares model, 529 educational funds, extended income formula, harmless error, citation of other states’ decision]

January 27, 2023

Unpublished

124478 – In re Marriage of Bean and Johnson – Ellis – Affirmed [Divorce, property division, spousal support, appellate standards, judicial discretion, abuse of discretion, dissipation of assets, spousal support considerations, property division factors]

124683 – State v. Zendle – Sedgwick – Affirmed [Criminal stalking, appellate standards, sufficiency of evidence, statutory interpretation, definitions]

125129 – In the Interests of A.W. – Johnson – Affirmed [CINC, appellate standards, “active efforts”, “reasonable doubt”, medical condition mismanagement, clear and convincing evidence]

January 20, 2023

Unpublished

125000 – In re Marriage of Pretz – Johnson – Affirmed. [Child support, support modification final judgment, res judicata, issue preclusion, law of the case, hearing officer review, subsequent motions, deadlines, relitigation, appellate jurisdiction, appellate standards, waiver, material change]

January 6, 2023

Unpublished

125170 – In the Interest of H.A. – Butler – Affirmed. [CINC, parent termination, appellate standards, ICWA, “active efforts”, “reasonable doubt”]