A guardian is granted custody of children when the parents are unable or unwilling to provide care because of mental illness, physical illness, addiction, incarceration, abandonment, or other circumstances. Guardianships are revocable (not permanent) and usually done with agreement of the parents, or granted in absentia if the parent(s) can’t be found.

If the natural parents do not consent, winning guardianship is difficult because, in Kansas, the parents’ rights supersede those of family members. This is true even if the child would be better off in a more stable environment that a relative could provide.

Once a petition for guardianship is filed with the court, a hearing is set within 30 days. A guardianship may be revoked by a natural parent wanting to resume custody.