Weekly Twitter Update 2016–March-6

  1. : does not apply when “placement” is with a parent rather than third party caretaker #113483

  2. : Kansas applies to out-of-state placements with or as prelim to adoption #113483

  3. : is a uniform law enacted in 52 jurisdictions including #113483

  4. : Court does not speculate about legislative intent, but uses objective criteria to determine #113483

  5. : Statutory interpretation means reading words at their plain meaning #113483

  6. : Intent of legislature governs statutory interpretation #113483

  7. : Interstate Compact on Placement of Children interpretation is legal question #113483

  8. : A court may not award attorneys fees without statutory authority

  9. : Failure of timely objection on proper ground means waiver of issue raised on appeal

  10. : Failure to object to personal jurisdiction = failure to “Consent to the jurisdiction of the court”

  11. : Failure to object to division of military retirement does not = consent to jurisdiction

  12. : “Consent to the jurisdiction of the court” in 10USC1408 does not mean subject matter jurisdiction

  13. : “Consent to the jurisdiction of the court” in 10USC1408 means “personal jurisdiction

  14. : Kansas law grants courts power to divide military pensions

  15. : Uniformed Services Former Spouses Protection Act grants State Cts power to divide military penson #113103

  16. : Court loses jurisdiction if both parents out-of-state for more than 6 months #114251

  17. : Where parent contact w child hindered by other parent, cannot hold lack of contact against parent #114251

  18. : Where parent had no money to send in , cannot hold that against [him] in termination #114251

  19. : Statutes are construed to require strict adherence to statutory requirements for termination #114251

  20. : A parent must make reasonable attempts to stay close to child to avoid termination of rights #114251

  21. : Court considers all surrounding facts when deciding parent rights termination #114251

  22. : Parent rights termination must be proved by clear-convincing evidence #114251

  23. : In stepparent adoption, consent required unless parent refused to assume parent duties for 2-yrs #114251

  24. : Parent failure to assume parent duties is a fact question, subject to substantial evidence review #114251

  25. : Incarcerated father who was refused contact information for child = no proper termination #114251

  26. : Appeals court reverses termination of parental rights for incarcerated parent #114251

  27. : Attorneys fees award was appropriate given history of litigation, including this is 4th appeal #113355

  28. : Where court gives future credit, it must consider child’s best interest #113355

  29. : Trial court decision of “no material change” for supported by substantial evidence #113355

  30. : Domestic recommendations to court are advisory, not mandatory #113355

  31. : Domestic recommendations on appropriately overturned by trial court #113355

  32. : Appeals court reverses judgment set-off for future travel expenses due to parental travel cost #113355

  33. : Trial court did not error by 50/50 split of travel expenses rather than include worksheet factor #113660

  34. : Written journal entry takes precedence over court’s oral pronouncements #113660

  35. : Long-distance parenting adjustment considers: who moved, expense reasonableness, relevant facts #113660

  36. : A discretionary adjustment is “discretionary” #113660

  37. : The failure of a party to brief an issue or provide adequate authority for it abandons that issue #113660

  38. : Trial court must provide rationale for rejection of interstate adjustment #113660

  39. : Trial court refusal to consider interstate adjustment was error #113660

  40. : When no objection is made to trial court about adequacy of evidence, objection is waived #113660

  41. : Trial court erred imputing $50K to Father when no evidence supporting that finding #113660

  42. : Kansas court is bound by statute governing modification in effect when motion filed #113660

  43. : Retroactive not authorized though previous agreement #113660

  44. : Kansas court not bound to apply guidelines where parties tho divorced in TX #113660

  45. : Kansas resident did not challenge jurisdiction to modify order #113660

  46. : Parents cannot by agreement waive the ability to modify #113660

  47. : Party who claims error on appeal bears burden of proving that error #113660

  48. : Determined amount of is matter of discretion, subject to abuse of discretion std #113660

  49. KSCourts: Appeals court awards attorneys fees on affirmed #113634

  50. KSCourts: decisions are by their nature subjective #113634

  51. : Parental discipline resulting in child’s injury is different than parental anger causing same #113634

  52. : Appeals court does not re-try or re-determine facts on which trial court bases its orders #113634

  53. : statute allows parent to file protection request for minor child #113634

  54. : Appeals court affirms protection order where parent alleged “punched” child 3-4 times #113634

  55. : Appeals court affirms entry of protection order favoring minor child #113634

  56. : Grandparent visitation case remanded to trial court to consider award of fees to parents

  57. : Grandparent visitation statute mandates award of attorneys fees to parents

  58. : Where appeals court cannot tell if special weight given to parental choice, case remanded

  59. : A parent may not “arbitrarily” deny third party visitation, but has wide latitude unencumbered by others

  60. : Third-party visitation statutes must be strictly construed in favor of parental choices

  61. : Court MUST presume a fit parent is acting in the child’s best interests when 3d party seeks visitation

  62. : Fit parents’ decisions about their child’s contact with third parties is entitled to special weight

  63. : Grandparents had no legal right to visit a grandchild at common law

  64. : Parental rights are fundamental rights under the US Constitution

  65. : Appeals court reverses award of visitation for failure to give parent desires special weight

    1. : 3 Kansas , 1 Appeals cases were issued today (2016-March-04):

  66. : Court erred placing burden of proof on party defending against claim for premarital property

  67. : Failing to comply with discovery rules is not the same as failing to sustain a burden of proof

  68. News: Weekly Twitter Update 2015–July–26

  69. Kansas Senate panel takes up bill listing impeachable offenses for , including “discourteous behavior”

  70. : , Administrative Authority, repealing statutes, Hearing March 7 330p…

  71. : , Administrative Authority, repealing statutes, Hearing March 7 330p

  72. : , 2017 Appropriations, salaries judges & justices, Hearing TODAY…

  73. : , 2017 Appropriations, salaries judges & justices, Hearing TODAY 330p

  74. : , Prosecutor Access to records, Hearing TODAY, 330p

  75. Johnson County Bar Association awards its 2016 “Justinian Award for Professional Excellence” today

    1. Alabama lawyer seeks judicial declaration that majority violated constitution in

    1. Kansas Supreme Court receives highest approval rating for any branch of Kansas government in new poll

    1. Updated Page: Ronald W. Nelson’s complete curriculum vitae

    1. Kansas’ first Veterans Treatment Court comes to