38-141. Parents' rights to exercise primary control over the upbringing of their children; cause of action. - Kansas Statutes

38-141

Chapter 38.--MINORS Article 1.--GENERAL PROVISIONS

      38-141.   Parents' rights to exercise primary control over the upbringing oftheir children; cause of action.(a) As used in this section:

      (1)   "Child" means a person under 18 years of age; and

      (2)   "parent" means and includes a natural parent, an adoptive parent, astepparent or a guardian or conservator of a child who is liable by law tomaintain, care for or support the child.

      (b)   It shall be the public policy of this state that parents shall retainthe fundamental right to exercise primary control over the care and upbringingof their children in their charge. It is further the public policy of thisstate that children shall havethe right to protection from abuse and neglect.

      (c)   Nothing in subsection (b) shall be interpreted to expand, diminish or inany way alter the scope of the rights of parents or children to the extent suchrights exist as of the effective date of this act.

      (d)   Any parent may maintain a cause of action in state court or in any courtof competentjurisdiction for claims arising under the principles established in subsection(b). Any person authorized by law to act on behalf of a child may maintain acause of action in the name of such child in any court of competentjurisdiction for claims arising under the principles established in subsection(b).

      History:   L. 1996, ch. 229, § 159; July 1.