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Garden City Mother Sues to Regain Child Custody

A Garden City mother recently filed suit against the state to reclaim custody of her 11-year old child after Child Protective Services removed the young boy because his mother treated her Crohn’s disease with medical cannabis oil. The mother’s suit claims she has a fundamental right to use the drug and seeks damages over the bizarre incident.

Her saga began in 2015 when her home was raided by police. Authorities found marijuana and processing materials to convert the plant matter into cannabis oil, a concentrated tincture of the drug’s active ingredient.

Police conducted the search after the plaintiff’s son mentioned his mother’s drug use at an anti-drug function at school. Finney County prosecutors have filed criminal charges against her for the operation and her litigation in the matter is still ongoing.

Kansas child custody laws

The woman’s case has garnered national attention about the state of Kansas’ marijuana laws and patients’ access to what they believe to be a valuable substance to treat a wide array of conditions. Thus far, prosecutors have not been swayed over her medical condition.

Her charges include four drug-related charges and one count of child endangerment. Her case is not unique in that criminal drug charges often intersect with child endangerment charges, giving the state cause to remove a child and place him or her into protective custody.

Under Kansas child protective services policy, a child may be removed from his or her parent’s home if law enforcement or Child Protective Services deems the child to be in danger. These entities will then create an incident report and may make a recommendation to courts to remove the child.

Kansas child custody attorneys

The power to remove a child ultimately lies with the courts. Children may be placed in a foster home or with relatives able to take in the child. According to the Kansas Department for Children and Families, the emotional turmoil of removing a child from his or her home and whether or not risk would continue to be posed should the child remain with his or her parents must be taken into consideration.

In these situations, parents facing the removal of their children should take the issues very seriously and strongly consider speaking to an attorney about representing their legal interests. Kansas child custody attorneys can help convey to the courts the children in question would do best to remain in their parents’ homes and may be able to help prevent their removal.

If you are facing an investigation from Kansas law enforcement or Child Protective Services, contact or call The Morrison Law Firm, LLC at (913) 780-6666 for a consultation about your case. Our attorneys have years of experience handling these types of cases and will work tirelessly to help you retain custody of your children.

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Call Morrison Law Firm, LLC in Olathe at (913) 780-6666 or send an e-mail to schedule a free consultation.