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How to File for Temporary Custody in Sedgwick County, Kansas

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    • 1). Draft your Petition for for Temporary Custody. You need to include a basic explanation of why you are seeking custody of the child. Visit the Sedwick County Courthouse Clerk's office to file your motion. Upon paying the filing fees, you will receive a stamped copy of your petition.

    • 2). Provide notice of the petition to all interested parties, including any guardians who may have been appointed to represent the child. Without proper notice, the court will continue the matter, so make sure to use a special process server. Note that there is an exception allowed under Section 38-2243(e) for oral notice of hearing where there is insufficient time to give written notice.

    • 3). Present your case at a hearing. Kansas courts make temporary custody determinations that best serve the child's welfare. Present the evidence and witnesses you believe will support your case for temporary custody. The court will only grant a petition for custody when the health or welfare of the child is in danger, or the child presents a danger to himself or others or may not otherwise be available for future proceedings.

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