59-30,130.
463 words·~2 min read·
/ks/chapter-59/59-30-30A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
59-30,130. Hearing and notice for appointment of guardian for minor.
(a)When a petition is filed under K.S.A. 59-30,129 , and amendments thereto, the court shall schedule a hearing, and the petitioner shall:
(1)Serve notice of the date, time and place of the hearing, together with a copy of the petition, personally on each of the following that is not the petitioner:
(A)The minor, if the minor will be 12 years of age or older at the time of the hearing;
(B)each parent of the minor or, if there is none, the adult nearest in kinship who can be found with reasonable diligence;
(C)any adult with whom the minor resides;
(D)each person that had primary care or custody of the minor for at least 60 days during the two years immediately before the filing of the petition or for at least 730 days during the five years immediately before the filing of the petition; and
(E)any other person the court determines should receive personal service of notice; and
(2)give notice under K.S.A. 59-30,114 , and amendments thereto, of the date, time and place of the hearing, together with a copy of the petition, to:
(A)Any person nominated as guardian by the minor, if the minor is 12 years of age or older;
(B)any nominee of a parent;
(C)each grandparent and adult sibling of the minor who can be found with reasonable diligence;
(D)any guardian or conservator acting for the minor in any jurisdiction; and
(E)any other person the court determines.
(b)Notice required by subsection
(a)must include a statement of the right to request appointment of an attorney for the minor or object to appointment of a guardian and a description of the nature, purpose and consequences of appointment of a guardian.
(c)The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (a)(1) is not served on:
(1)The minor, if the minor is 12 years of age or older; and
(2)each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.
(d)If a petitioner is unable to serve notice under subsection (a)(1) on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, the court may appoint a court liaison who shall:
(1)Interview the petitioner and the minor;
(2)if the petitioner alleges the parent cannot be located, ascertain whether the parent cannot be located with due diligence; and
(3)investigate any other matter relating to the petition the court directs.