Key Practice Areas

   Family Law

• Divorce
• Paternity
• Custody
• Child Abduction
• Child Support
• Adoptions

   General Criminal
   Defense

• Domestic Violence
• DUI's
• Drug Offenses
• Traffic

Family Law

In Kansas and Missouri

When experiencing a divorce or family law related matter, you need a strong lawyer. Eric Gamble provides zealous representation in all matters of family law including divorce, paternity, custody disputes, child support modifications, guardianships, parenting time issues, and property division. Gamble is a family law attorney licensed in Kansas and Missouri, dedicated to protecting and advancing your parental, custodial, and financial interests before, during, and after your divorce or separation. If you have a case in Johnson County Kansas, Wyandotte County Kansas, or Jackson County, Missouri, Contact Eric Gamble at 913-432-0660 to schedule a consultation.

Divorce

Divorce and separation can be one of the most difficult and challenging times in your life. The decision to file for divorce should not be taken lightly. If you are contemplating divorce, please consider it a last resort, especially if you have children. Some common questions for those considering divorce often include:

WHAT ABOUT THE KIDS?
In Kansas and Missouri, if parents agree on a custody and parenting/visitation schedule, the judge must adopt that agreement barring exceptional circumstances. Agreed custody and parenting plans is the key to keeping your attorney’s fees low in a Kansas or Missouri divorce. However, parents often disagree about what is in their children’s best interests. If you are facing the possibility of a divorce and you have children, consult with an experienced Kansas and Missouri family law attorney.

WHAT ABOUT THE PROPERTY?
The court must divide your marital and non-marital property in an equitable manner. For some, equitable division means 50/50. For others, it means what is fair. If you and your spouse agree on how to divide your marital and non-marital property and debt, you can save substantial money on attorney’s fees. Kansas property division laws in a divorce can be found at K.S.A. 60-1610. Missouri’s, laws are governed under RSMo. 452.330. Advancing and protecting your financial means prior to, and during divorce is one of Eric Gamble’s primary goals in any divorce case.

If you are strongly considering divorce, get a qualified attorney on your side.

Call the law Office of Eric Gamble of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Paternity

Are you about to be a father? If so, you should know your responsibilities and obligations under the law. Some common questions you may have when facing the issue of paternity are:

IF I PUT MY NAME ON THE BIRTH CERTIFICATE, WHAT ARE MY RIGHTS AND RESPONSIBILITIES UNDER THE LAW?

If a man is listed on the birth certificate as the father, he is legally obligated to support the child AND HAS EQUAL RIGHTS TO THE CHILD.

WHAT IF MY NAME IS NOT ON THE BIRTH CERTIFICATE?

A man is the presumed father of a child if:

• The man and the child's mother are, or have been, married to each other or have attempted to marry each other and the child is born during the marriage or within 300 days after the marriage is terminated.
• After the child's birth, the man has acknowledged paternity of the child in writing; with the man's consent, the man is named as the child's father on the child's birth certificate; or the man is obligated to support the child under a written voluntary promise or by a court order.
• The man recognizes paternity of the child in writing including but not limited to a voluntary acknowledgment made in accordance with K.S.A. 38-1130 or 65-2409a, and amendments thereto.
• Genetic test results indicate a probability of 97% or greater that the man is the father of the child.

THESE PRESUMPTONS CAN BE REBUTTED IN COURT. If in doubt about paternity, ALWAYS GET A DNA TEST AND DON’T WAIT, then consult an experienced family law attorney.

Call the law Office of Eric Gamble of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Child Custody

Every decent parent has a constitutional right to have a consistent and meaningful relationship with their children. In Kansas and Missouri, joint custody is presumed under the law. In theory, joint custody means that both parents share equal decision making authority regarding the child’s health, education, and well being. In some exceptional cases, sole legal custody may be an option. However, courts often deny a parent’s request for sole legal custody unless there are issues related to domestic violence.

WHAT IF WE HAVE AN AGREEMENT REGARDING CUSTODY?
In Kansas and Missouri, if both parents have reached an agreement on custody and parenting time, the judge must agree and adopt any parental agreement on custody and parenting time. As a result, they save money on attorney’s fees. More importantly, research proves that children develop better behaviorally, socially, and academically if their parents do not fight over custody. When drafting a custody or parenting plan, your attorney must pay special attention to the details: Is the agreement specific about legal custody, a parenting time schedule, holidays, transportation, travel, unforeseen medical expenses, future dispute resolution? Is the agreement in writing, signed, and notarized? These are just some questions to think about when developing and working on an agreed custody and parenting plan.

Abduction Prevention Terms of a Custody Decree

A well-written custody decree is an important line of defense against international parental child abduction. An important publication “Family Abduction: How to Prevent an Abduction and What to Do if Your Child is Abducted” lists several recommendations to help prevent the abduction of your child if your spouse has significant ties to a foreign country. For further prevention information, contact the Department of State, Office of Children’s Issues, Prevention Unit.

IMPORTANT: Even if both parents have custody of a child, it is still a crime in most states and under U.S. federal law for one parent to remove the child from the United States against the other parent’s wishes. Nevertheless, a custody decree can be helpful to prevent or help in recovery if your child is abducted.

Reminder: Obtain several copies of your custody decree from the court that issued it. Give a copy to your child’s school and advise school personnel to whom your child may be released.

Call the law Office of Eric Gamble of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Child Abuction

KANSAS CHILD ABDUCTION AND PREVENTION

Guarding Against International Parental Child Abduction

The Importance of a Custody Decree

Under the laws of the United States and many foreign countries, if there is no decree of custody prior to an abduction, both parents may be considered to have equal legal custody of their child.

IMPORTANT: Even if both parents have custody of a child, it is still a crime in most states and under U.S. federal law for one parent to remove the child from the United States against the other parent’s wishes. Nevertheless, a custody decree can be helpful to prevent or help in recovery if your child is abducted. If you are contemplating divorce or separation, currently divorced or separated, or never legally married to the other parent, ask your attorney, as soon as possible, if you should obtain a decree of sole custody or a decree that prohibits the travel of your child without your permission or that of the court. If you have or would prefer to have a joint custody decree, you may want to make certain that it prohibits your child from traveling abroad without your permission or that of the court.

How to Draft or Modify a Custody Decree

A well-written custody decree is an important line of defense against international parental child abduction. An important publication “Family Abduction: How to Prevent an Abduction and What to Do if Your Child is Abducted,” published cooperatively by NCMEC, the Department of Justice, and the American Bar Association, lists several recommendations to help prevent the abduction of your child if your spouse has significant ties to a foreign country. For instance, were there are indicators of possible abduction, such as threats to abduct, it may be advisable to include court-ordered supervised visitation and a statement prohibiting your child from traveling without your permission or that of the court. If the country to which your child might be taken is a member of the Hague Convention of the Civil Aspects of International Child Abduction (Hague Convention), your custody decree should include the terms of the Hague Convention that apply if there is an abduction or wrongful retention.

The American Bar Association (ABA) also suggests having the court require the non-citizen parent with ties to a foreign country to post a bond. This may be useful both a deterrent to abduction and, if forfeited because of an abduction, as a source of revenue for you in your efforts to locate and recover your child.

For further prevention information, you should contact the Department of State, Office of Children’s Issues, Prevention Unit at 202-736-9156.

U.S. Passports

You may also ask that your child’s name be entered into the State Department’s Children’s Passport Issuance Alert Program by contacting the Office of Children’s Issues Prevention Unit at 202-736-9156 or faxing a request to 202-736-9133. This will enable the Department to notify you or your attorney if an application for a U.S. passport for the child is received anywhere in the United States or any U.S. embassy or consulate abroad. If you have a court order that either grants you sole custody, joint legal custody, or prohibits your child from traveling without your permission or the permission of the court, the Department may refuse to issue a new or renewal U.S. [passport for your child. The Department may not, however, revoke a passport that has already been issued to the child. There is no way to track the use of a passport once it has been issued, since there are no exit controls for people leaving the U.S. If your child already has a passport, you should take steps to ensure that it is kept from a potential abductor by asking the court or attorneys to hold it.

Change in Passport Regulations

As of February 1, 2008, the law requires the signature of both parents, or the child’s legal guardians, prior to the issuance of a U.S. passport to children under the age of 16.

Requirements

Both parents, or the child’s legal guardians, must execute the child’s passport application and provide documentary evidence demonstrating that they are the parents or guardians; or the person executing the application must provide documentary evidence that such person has sole custody of the child; has the consent of the other parent to the issuance of the passport; or is acting in place of the parents and has the consent of both parents, or f parent with sole custody over the child, or of the child’s legal guardian, to the issuance of the passport.

Exceptions

The law does provide two exceptions to this requirement: (1) exigent circumstances, such as those involving the health or welfare of the child, or (2) when the Secretary of State determines that issuance of a passport is warranted by special family circumstances.

Foreign Passports-the problem of Dual Nationality

Many United States citizen children who fall victim to international parental abduction possess, or may have a claim to dual nationality. While the Department of State will make every effort to avoid issuing a United States passport without the consent of both parents, the Department cannot prevent embassies and consulates of other countries in the United States from issuing their passports to children who are also their nationals. You can, however, ask a foreign embassy not to issue a passport to your child. Send the embassy or consulate a written request, along with certified complete copies of any court orders you have which address custody or the overseas travel of your child. In your letter, inform them that you are sending a copy of this request to the United States Department of State. If your child is only a United States citizen, you can request that no visa for that country be issued in his or her United States passport. Just keep in mind that no international law requires compliance with such requests, although some countries may comply voluntarily.

The United States government does not have exit controls at the border. There is no way to stop someone with valid travel documents from leaving the United States. The U.S. government does not check the names or the documents of travelers leaving the United States. Many foreign counties do not require a passport for entry. A birth certificate is sufficient to enter some foreign countries. If your child has a valid passport from any country, he or she may be able to travel outside the United States without your consent.

Sources: US Department of State, Bureau of Consular Affairs

Child Support

Fathers are socially and financially responsible for their children. Child support in Kansas is governed by the Kansas Child Support Guidelines worksheet. Missouri requires a Supreme Court Form 14. If you are unsure of what you or your partner’s child support obligation is, consult with an experienced family law attorney in Kansas and Missouri.

I RECEIVED A LETTER FROM SRS OR DFS REQUESTING MY PERSONAL INFORMATION. WHAT SHOULD I DO?
In Kansas, the Department of Social and Rehabilitation Services, commonly known as SRS, is in charge of determining paternity and child support for parents who have received some type of government assistance (welfare) for medical expenses or other financial assistance. In Missouri, the equivalent agency is the Missouri Division of Family Services, or DFS. THESE AGENCIES DO NOT REPRESENT YOU OR YOUR INTERESTS! Know, demand, and protect your rights as a parent. Consult with an attorney experienced in Kansas and Missouri family law.

Call the law Office of Eric Gamble of Gamble Law, LLC to schedule a consultation at 913-432-0660.

Adoption

The adoption process can be an emotionally rewarding journey. Adoption is the legalized relationship between parent and child that are not biologically related. Missouri and Kansas have specific requirements for the adoption process to determine if the adoptee is capable of meeting the child’s needs. Common questions when considering adoption are:

Do I have to be married in order to adopt?
No. If proven to be a fit and able parent, any adult is able to adopt a child. Single-parent adoptions allow individuals to adopt and couples, married or not, are able to adopt a child together.

What are my parental rights and responsibilities?
In either an open or closed adoption, you need to be aware of your rights and responsibilities in addition to those of the birthparents. The birthparents may surrender their parental rights and responsibilities voluntarily or if proven incapable to provide for the child long-term, the rights and responsibilities may be severed involuntarily.
The rules of government and privacy agencies can become complex, but an experienced adoption lawyer will create adoption terms and attend court hearings with you to ensure your rights are protected.

Call the Office of Eric Gamble of Gamble Law, LLC to schedule a consultation at 913-432-0660.