Kansas Family Law Appeals 2024
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 Unpublished Appellate Opinions are posted on the Kansas Appellate Courts’ website but are not available until later – between one hour to one day after release. Unpublished decisions are available on this website.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 The decisions on this page include both published and unpublished opinions.
Supreme Court
December 27, 2024
Published
123710 – In re Parentage of E.A. – Shawnee – Judgment of the Court of Appeals affirming the district court is reversed. Judgment of the district court is reversed and remanded with directions. [Parentage, Third-party parentage, third-party rights, appellate standards, appellate jurisdiction, legal standing, consolidation,
125994 – In re Adoption of E.A. – Shawnee – Judgment of the Court of Appeals reversing the district court is affirmed. Judgment of the
district court is reversed, the adoption decree is vacated, and the case is remanded with
directions. [Adoption, third-party rights, appellate standards, appellate jurisdiction, legal standing, consolidation, interested party status, law-of-the-case, res judicata, intervention]
September 6, 2024
Published
124534 – In the Interest of A.S. – Leavenworth – Review of the judgment of the Court of Appeals in an unpublished opinion filed June 9, 2023. Judgment of the Court of Appeals affirming the district court is
reversed. Judgment of the district court is reversed, and the case is remanded. [CINC, parent termination, right to counsel, due process, federal incarceration, Zoom appearance, online participation, appellate standards, clear and convincing evidence, observiation without right to testify, meaningful participation in hearing, harmless error doctrine]
Court of Appeals
December 27, 2024
Unpublished
127280 – In re Marriage of C.M. and M.M. – Reno – Remanded with directions. [Divorce, appellate jurisdiction, final orders, final appealable orders, right to counsel, servicemember civil relief act, SCRA, active duty military, due process, inadequate findings,
December 20, 2024
Unpublished
126899 – In the Interest of J.J. (Father’s appeal) – Riley – Affirmed. [CINC, parent termination, appellate standards, substantial evidence, clear and convincing proof, judicial notice, unlikely change, best interests]
126984 – In the Interest of J.J. (Mother’s appeal) – Riley – Affirmed. [CINC, parent termination, appellate standards, substantial evidence, clear and convincing proof, witness sequestration, child’s best interests, intoxication, fighting with police]
December 13, 2024
Unpublished
126752 – In re Marriage of S.K. and K.K. – Sedgwick – Affirmed. [Post-divorce, parenting plan modification, expense reimbursement, unauthorized credit card charges by child, appellate standards, trial court jurisdiction, material change requirement, abuse of discretion, child support reimbursement]
127029 – In the Interest of D.R. – Finney – Affirmed. [CINC, parent termination, failure to approve consent to permanent custodian, appellate jurisdiction, burden on appeal, abuse of discretion, statutory interpretation, limited grounds for CINC appeal]
127757 – In the Interests of P.S., C.S., W.S., and R.S. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, statutory factors, constitutional rights, due process, notice requirements, “presumptively unfit”, mistake, harmless error, domestic violence]
127899 – In the Interests of K.H. and Q.H. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, statutory factors, best interests, sexual abuse, failure to care for physical and emotional needs]
December 6, 2024
Published
126807 – In the Interest of S.C. – Finney – Affirmed. [CINC, parent termination, UCCJEA, subject matter jurisdiction, home state, interstate jurisdiction, move from one state to another, significant connection jurisdiction, filing date, exclusive continuing jurisdiction, parental rights, constitutional rights]
Unpublished
128049 – In the Interests of G.I. and R.I. – Wyandotte – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, statutory factors, best interests analysis, wandering child, domestic violence]
127674 – In re Marriage of Steele – Johnson – Affirmed. [Divorce, property division, marital property, insurance settlement, appellate standards, abuse of discretion, short-term marriage, equal division not required]
127152 – In the Interest of M.C. and J.M. – Johnson – Affirmed. [CINC, parent termination, appellate standards, proffer of evidence, sufficiency of evidence, clear and convincing evidence, statutory factors, best interests analysis, domestic violence]
November 27, 2024
Unpublished
127331 – In the Interests of D.M.H. Jr., M.M.H., M.L.H., and D.M.H. – Sedgwick – Affirmed in part, reversed in part, with directions. [CINC, parent termination, appellate standards, ICWA, required notice, sufficiency of evidence, clear and convincing evidence, statutory factors, best interests analysis, incarceration, domestic violence]
126817 – In the Interest of L.W. – Harvey – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, statutory factors, best interests analysis, case plan requirements, serious medical issues, adequate care, housing conditions]
November 15, 2024
Unpublished
127137 – In the Interest of A.B. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, statutory factors, best interests analysis, domestic violence, previous terminations]
October 25, 2024
Unpublished
125893 – J.P. III vs. G.S. – Sedgwick – Affirmed in part, dismissed in part. [Protection Orders, PFS, appellate standards, appellate jurisdiction, pro se parties, appellate process, abuse of discretion, timely appeals, failure to raise issue, fair trial]
126565 – T.D. and D.D. vs. B.R. – Wyandotte – Reversed and remanded with directions. [Grandparent visitation, parent rights, appellate standards, reasonable plan, abuse of discretion]
126573 – Kansas Department of Children and Families vs. C.L.H. – Allen – Affirmed. [Child support, “reverse child support”, appellate standards, modification, jurisdiction, retroactive modification, claimed fraud, failure to respond, pro se party, procedural rules]
October 18, 2024
Unpublished
126599 – In re Marriage of M.D. and D.D. – Johnson – Affirmed. [Divorce, attorney disqualification, appellate standards, representation by parent, attorney ethics, involved person as lawyer, judicial ethics, grandparent as party lawyer, competing interests, attorney-client relationship, ethics rules violations, advocate vs. participant, child custody, modifications, material change of circumstances, due process, Rule 133]
127187 – In the Interest of F.J. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, parental fitness, future change, incarceration, failure to contest allegations, sexual abuse, unfit by reason of conduct, clear and convincing evidence, definitions, sufficiency of evidence, parental attitude during proceedings, reasonable efforts, best interests of child]
127434 – In the Interest of I.G. – Brown – Appeal dismissed. [CINC, parent termination, enforce custody, option order, contact post termination, appellate standards, appellate jurisdiction, statutory interpretation, appellate basis, statutory appellate basis]
October 11, 2024
Unpublished
126976 – In the Matter of the Guardianship and Conservatorship of B.L.W. – Neosho – Appeal dismissed. [Guardianship, conservatorship, minor, parent action, appellate jurisdiction, appellate standards, interlocutory orders, final orders]
October 4, 2024
Unpublished
127189 – In the Interest of M.M. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, best interests analysis, reasonable efforts, case plan objectives, methamphetamine]
September 27, 2024
Unpublished
127428 – In the Interests of D.M.H. Jr., M.M.H., M.L.H., and D.M.H. – Sedgwick – Reversed and remanded with directions. [CINC, parent termination, appellate standards, Indian Child Welfare Act, ICWA, failure to comply with ICWA, notice, sufficent information, required information]
126731 – In the Interest of L.S. – Shawnee – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, best interests analysis]
126718 – In the Interests of K.D. and E.D. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, best interests analysis, incarceration]
September 20, 2024
Unpublished
126516 – In the Interests of D.B., D.B., D.B., and D.B. – Wilson – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, reasonable efforts, case plan objectives]
127259 – In the Interest of A.K. – Johnson – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence, proffer vs. presentation, failure to challenge evidence, constitutional rights, due process]
127344 – In the Interests of H.T. and C.T. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, sufficiency of evidence, clear and convincing evidence]
127565 – In the Interest of X.W – Mitchell – Affirmed. [Adoption, parent termination, appellate standards, best interests determination, permanency options]
September 13, 2024
Unpublished
127184 – In the Interest of T.C.R. – Riley – Affirmed. [CINC, definitions, clear and convincing evidence, appellate standards, homelessness]
126474 – In the Interest of L.A. – Geary – Affirmed in part, reversed in part, and remanded with directions. [CINC, parent termination, clear and convincing evidence, appellate standards, best interests determination lacking]
August 30, 2024
Unpublished
127113 – In the Interest of J.R. – Lyon – Affirmed. [CINC, appellate standards, clear-and-convincing, sufficient evidence, abuse]
August 16, 2024
Unpublished
126234 – In re Marriage of S.W. and M.W. – Johnson – Appeal dismissed. [Divorce, PFA, child support, temporary orders, unanticipated child care costs, reimbursement, appellate standards, record on appeal, failure to provide sufficient record]
126858 – In re Marriage of S.P. and R.P. – Ford – Affirmed. [Divorce, appellate standards, property division, child custody, parenting plan, equal residency, abuse of discretion, burden of proof, appellate burden, child custody factors, judicial discretion, failure to present arguments]
August 9, 2024
Unpublished
126386 – In re Marriage of Rrapaj – Johnson – Affirmed. [Divorce, settlement, enforcement, appellate standards, sufficiency of evidence, meeting of minds, abuse of discretion]
July 26, 2024
Unpublished
127101 – In re Adoption of S.L. and J.L. – Sheridan – Affirmed. [Adoption, step-parent adoption, parent termination, failure to assume parental duties, appellate standards, burden of proof, clear and convincing evidence, parenting time, regularity, manner of contact, child support, ability to pay]
July 19, 2024
Unpublished
126269 – C.A. vs. A.S. – Marion – Affirmed. [PFS, protection orders, stalking, abuse of legal process, appellate standards, sanctions, expenses, punitive damages, contempt, countersuit, frivolous actions, 60-211]
July 5, 2024
Published
126487 – In the Interest of B.H. – Jackson – Reversed and remanded with directions. [CINC, due process, appellate standards, parent rights, Guardians ad litem, parent liberty interests, notice and opportunity to be heard, motions to continue, parent attorney withdrawal, failure to appoint replacement attorney]
June 28, 2024
Unpublished
126566 – In re Marriage of K.C. and C.C. – Johnson – Affirmed. [Child support, post-decree child support, child support modification, appellate standards, abuse of discretion, retroactive child support, motion filing requirements, judicial discretion]
May 31, 2024
Published
124904 – In re Marriage of Karanja-Meek and Meek – Johnson – Reversed and remanded with directions. [Divorce, property division, personal injury awards, lack of findings, alter or amend, preservation of claims, “marital property”, definitions, appellate standards, judicial discretion, marital property as default]
Unpublished
125656 – In re Marriage of L.S. and D.J. – Leavenworth – Reversed and vacated. [Divorce, child support, 60-260, beginning date of child support, alter or amend, pretrial orders]
126458 – In re Marriage of Elfgren and Hendrickson – Wyandotte – Affirmed in part, reversed in part, and remanded with directions. [Divorce, property division, appellate standards, judicial discretion, dissipation, abuse of discretion, appellate burden, appellate attorneys fees, preservation of issues, marital property vs. separate property, Married Persons Acts]
May 24, 2024
Unpublished
126508 – In the Interest of L.S. – Shawnee – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, statutory factors, nonpleaded basis, due process, sufficient evidence, drug use, methamphetamine, unstable environment]
May 17, 2024
Unpublished
126727 – In the Matter of H.W. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, statutory factors, nonpleaded basis, due process, sufficient evidence]
126758 – In the Matter of K.M.L. – Crawford – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, statutory factors, due process, sufficient evidence, refusal of assistance, planned adoption, relinquishment of rights in hospital]
May 10, 2024
Unpublished
126639 – In the Interests of A.S. and D.W. – Harvey – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, statutory factors, negative evidence]
126974 – In the Interests of M.C. and J.M. – Johnson – Affirmed. [CINC, parent termination, appellate standards, due process, State prefer, failure to object, timely objection, voluntary absence from court, clear and convincing evidence]
May 3, 2024
Unpublished
126539 – In the Interests of M.M. and R.M. – Johnson – Affirmed. [CINC, appellate standards, clear and convincing evidence, best interests, effective assistance of counsel, waiver]
126561 – In the Interest of X.L. – Wyandotte – Appeal dismissed. [CINC, appellate standards, appellate jurisdiction, interested party, foster parents, desired adoption, post-termination decisions, abuse of discretion, decision contrary to recommendation]
April 26, 2024
Unpublished
126061 – In re Marriage of B.L. and S.L. – Cheyenne – Affirmed in part and dismissed in part. [Divorce, appellate standards, motion to set aside, appellate jurisdiction, appeal timing, abuse of discretion, 60-260, abuse of discretion, relief from judgment vs. alter or amend]
April 22, 2024
Unpublished
126302 – In re Marriage of C.D. and S.T. – Harper – Affirmed. [Child custody, parenting time, material change, move-away, appellate standards, abandoned move-away]
April 5, 2024
Unpublished
125994 – In re Adoption of E.A. – Shawnee – Reversed, decree vacated, and case remanded with directions. [Adoption, non-parent adoption, grandparent adoption, UCCJEA, appellate standards, failure to allow testimony, fraud on the court, interested party status, unethical trial techniques, due process, “preemptive legal strike,” fact dispute, standard of review]
March 29, 2024
Unpublished
126233 – In the Interests of Y.B. and L.B. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, best interests, inability to care for other child]
March 8, 2024
Unpublished
126320 – In the Interest of M.R. – Johnson – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, best interests, failure to progress]
March 1, 2024
Unpublished
126668 – In the Interest of A.G. – Leavenworth – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, best interests, physical abuse, bruises, step-parent, physical threats]
February 2, 2024
Unpublished
126233 – In the Interests of Y.B. and L.B. – Sedgwick – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, inability to care for child, other children]
126694 – In the Interest of K.B. – Atchison – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, sufficiency of evidence, lack of fitness, drug abuse, failure to advance]
126802 – In the Matter of the Adoption of D.A., D.A., and Y.A. – Ford – Reversed and remanded with directions. [Adoption, step-parent adoption, parent termination, appellate standards, failure to assume parental duties, child support, lack of child support order, divorce orders, child custody orders, sharing expenses, waiver of child support in divorce, post-divorce custody orders]
January 26, 2024
Unpublished
126570 – In the Interests of C.S. and J.S. – Leavenworth – Affirmed in part and dismissed in part. [CINC, parent termination, appellate standards, clear and convincing evidence, new evidence, appellate jurisdiction, post-termination motions, post-termination appeals, statutory construction, statutory interpretation]
January 12, 2024
Unpublished
126083 – In re Marriage of Chandler – Johnson – Affirmed. [Divorce, property division, discovery, failure to disclose, failure to comply, equitable division, appellate standards, judicial discretion, attorneys fees, sanctions]
126610 – In the Interests of K.S., K.R., K.S., and K.S. – Butler – Affirmed. [CINC, parent termination, appellate standards, clear and convincing evidence, statutory construction, statutory interpretation]