When addressing child custody and traveling, parents must build an agreement that accounts for work obligations, summer vacation plans, and unexpected changes to travel plans. The impact of custody arrangements on travel plans highlights the importance of committing to effective co-parenting. The goal is to create a parenting plan that allows both the traveling parent and non traveling parent to maintain consistent involvement. A Kansas City child custody lawyer from Joseph, Hollander & Craft can help structure a plan that optimizes flexibility while supporting the child’s best interests.

How Can Parenting Plans Account for Frequent Travel?

Missouri presumes a 50/50 custody arrangement is in the best interests of most children, except in cases where the court is persuaded otherwise. (Kansas has no statutory presumption, but maintaining regular contact with both parents is often deemed to serve the child’s best interests.) In the interests of preserving a shared lifestyle, you will be asked to enter into a parenting plan with your ex-spouse. Parenting plans should account for a travel-heavy lifestyle while minimizing disruptions to your child’s life. When one or both parents travel for work or family commitments, it is important to ensure that this does not mean missing out on milestones or shared time with a child.

One common question parents face is how to structure this 50/50 time. When one parent has an irregular schedule, it is not usually realistic for them to take on rigid weekly responsibilities, even if their child’s life is more structured. In these cases, it may be useful to discuss shared percentages of time, instead of split weekly schedules.

Major decisions, such as travel or vacations, often require both parents to refer to the custody agreement and consult each other to ensure compliance and avoid conflicts. Understanding whether your child custody plan involves shared residency or simply decision making is critical to ensuring that you know your full rights and abilities as a parent after a Kansas City divorce.

How Flexible Can a Parenting Time Schedule Really Be?

There are opportunities for flexibility within a child’s fixed schedule, if both parents are willing to work to find it. Flexibility becomes even more important when parents are planning summer vacations, coordinating summer travel, or managing travel dates that may change. A well-drafted plan should anticipate interstate travel, trips across state lines, and even international travel, while maintaining structure for the child. Parents should also prepare for potential issues by having a reference point, such as documented agreements, which can help resolve disputes if they arise.

Some examples include:

Rotating or adjusted parenting time

Rotating schedules allow for a child to effectively live with both parents in different configurations. Rotating schedules are often best for parents who both prioritize getting to be present for everyday milestones, and who are seeking to share common responsibilities. When both parents are frequent travelers, a rotating or adjusted parenting time schedule can also allow both parents the freedom to meet their own commitments.

Some examples of rotating schedules for Kansas City parents with joint custody include:

• 2-2-3 Rotation: Say you have a 50/50 custody split with your ex-spouse. Your child will spend 2 days with you before moving to the other household for the next 2 days. They then will return for the end of the week to your household. The next week will be a swap, with the other parent taking the additional time. While 2-2-3 rotations involve plenty of moving parts, they are sometimes an option for parents who want to ensure frequent contact with their children during the everyday business of parenting. 2-2-3 rotations tend to be best for parents who live nearby each other.
• 3-4-4-3 Schedule: In this setup, parents can alternate three and four day blocks of time, minimizing exchange time.
• Week-on/Week-off, or 7/7: In this setup, children will change households every week. 7/7 setups are often best for older children who have more agency in their travel.
• 4-3 Schedule (60/40): One parent might take care of a child for most of the school week, while the other parent might cover the weekends. This can be rotated to adapt for parents with non-traditional work weeks, or who often need to travel over long weekends for work or personal reasons.

In some cases, a plan may require permission or written consent from the other parent before confirming certain travel plans, particularly when those plans involve extended time away or crossing jurisdictional boundaries.

Provisions allowing schedule adjustments when travel arises

Schedule adjustments are a necessary component of most parenting plans when one parent is a frequent traveler. There are many reasons why a frequent traveler might need to ask for additional flexibility from their co-parent. Just some reasons include international travel restrictions, TSA delays, rescheduled flights, and shifting work requirements. “First right of refusal” can allow parents the option to have parenting time on available days before the other parent makes plans for alternative child care.

Planning around recurring travel patterns

Monthly or seasonal trips create an opportunity for consistency in a parenting plan. If one parent knows they must spend one season of the year in a different county, state, or country then they can ask to address that directly in a parenting plan. A Kansas City custody lawyer can help you negotiate these travel-related custody challenges to ensure that you do not miss out on time with your child when you are available to have it.

Makeup Parenting Time for Missed Travel Periods

Makeup parenting time is not a legal right unless it is specified in a parenting plan approved by the family law court. This is critical for frequent travelers to realize. While you may assume that an ex-spouse will attempt to accommodate you as a co-parent, all too often this is not the case. Your summer travel needs, changed flights, or delayed layovers can easily add up and turn into missed opportunities to stay in your child’s life unless you specify makeup parenting time in the written plan. You may need to set reasonable limits, such as “one makeup weekend a month” as an option, but failing to communicate around makeup parenting time in advance is leaving too much up to chance and your ex-spouse’s goodwill.

Communication and Virtual Parenting Time During Travel

Virtual parenting time is an option that allows for you to remain present during travel periods. You may wish to specify elements such as a private space for your child to take video calls with you, or try to create stability by setting up a time in advance when you will call that fits into your child and co-parent’s schedule.

It can be helpful to document all communication regarding travel plans and custody arrangements through texts, emails, and co-parenting apps to maintain a clear record of agreements. Sharing a detailed itinerary with the co-parent fosters trust and helps ensure the trip runs smoothly.

Travel Notice Requirements and Scheduling Coordination

Both Kansas and Missouri state law require parents to give travel notice requirements in writing to co-parents after a divorce. Providing travel itineraries and maintaining open communication can reduce disputes and help both parents stay aligned. In addition to providing travel itineraries, parents should carry all legally required documents, such as notarized consent letters, custody orders, and birth certificates, and provide detailed itineraries including dates, locations, and contact information. Notifying the other parent in writing before taking a child on vacation is often required by custody agreements. Creating a checklist of necessary travel documents can help reduce stress and ensure compliance during travel.

Staying in clear communication with your co-parent regarding out of state travel is also important in order to avoid being held in contempt of court.

Missouri Travel Notice Requirements

A parent who is relocating out of state and intends to bring their child for a period of over 90 days must provide written notice via certified mail at least 60 days prior. The notice must include the new address, the date of the move, and the reason.

You may also need to notify a co-parent before taking a trip out of state or out of the country. The details of your parenting plan should specify how your co-parent wishes to be notified as well as how far in advance they will need to be told.

Kansas Travel Notice Requirements

Kansas City parents who file for divorce under Kansas state law are governed by K.S.A. 23-3222 regarding travel and relocation notice. Under Kansas statute, a co-parent must provide written notice 30 days prior to changing a child’s residence or bringing a child out of state for more than 90 days.

Traveling With Children Under a Parenting Plan

Traveling with children can be a meaningful way to build a bond when one parent has a second home or changing schedule; how your child will travel, what kinds of supervision are acceptable, and other logistics should always be discussed in advance with your co-parent and included in the child custody plan. Consider laying out details such as public transit vs. rideshare use, airport pickup vs. accompanied flights, and other areas of possible contention with a co-parent in advance as part of your overall plan.

Parents should also be aware that failure to follow a custody agreement when traveling can raise concerns about parental kidnapping, especially if a child is taken out of state without proper notice or consent. Clear expectations within the parenting plan help avoid these risks.

International Travel and Passport Requirements

You may need to include provisions regarding your child’s passport, ID documents, and more. Both parents should have access to a child’s passport when both are frequent travelers. It may make sense to have a shared safety deposit box or other centralized location where these documents will be kept, as opposed to in one household.

When Parenting Plans May Need Modification

Even the most flexible scheduling solutions sometimes need adjustments. After a divorce is finalized, modifying a parenting plan in Kansas City requires a formal court action. You must document a substantial change in circumstances that makes the modification both necessary and in your child’s best interests; it helps when both parents agree.

Most parents with a need to modify a parenting plan work with a Kansas City custody lawyer to file the motion, inform their co-parent within the legal groundwork required, and present their claim at a hearing. A judge will need to agree to modify a parenting plan, and may question how you will accommodate your child’s needs with the change. If a parent makes unauthorized modifications or violates a court order, the result can be serious; a judge can order the immediate return of the child or change the custody arrangements. Additionally, traveling or moving out of state does not automatically change which court has authority to modify custody orders, as the UCCJEA establishes that the “home state” retains jurisdiction over custody disputes regarding children.

Creating Parenting Plans in Kansas City That Reflect Real Schedules

Parents’ professional schedules, second homes, and extended travel are all opportunities for a child to experience more doors being opened for them in their lifetime. However, when a parenting plan does not reflect a parent’s realities, it can create a situation where their connection with their child is set up to fail. A Kansas City family law attorney can ensure that your parenting plan accounts for travel contingencies and leaves you space to connect with your child on terms that are realistic for everyone involved.

Speak With a Kansas City Child Custody Attorney Today

Contact Joseph, Hollander & Craft today if you are a frequent traveler and co-parent needing assistance forming a customized parenting plan. We maintain offices in Kansas City as well as Topeka, Wichita, Lawrence and Overland Park for your convenience.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Carrie E. Parker

Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]

Read More →

The post Child Custody and Traveling: Parenting Plans for Frequent Travelers appeared first on Home.

Why Licensing Boards Reach Out

Once you receive your license, you likely will want little or no contact from the board. That’s because much of what the board does is regulate the members of its profession. Although the board may reach out to you, not every communication is of equal importance. These are a few common reasons for licensing board correspondence:

• Administrative matters: These are fairly routine and may involve paperwork updates, new rules, payment of dues, and the like. Since all licensees are subject to these matters, they are not usually cause for concern.
• Mandatory reports: Professionals often have an ongoing duty to submit regular reports. These are often imposed annually, but they may be required more frequently depending on your profession. While mandatory reports are standard, a mistake or oversight could trigger a formal review.
• Audits or Inspections: Boards periodically conduct audits or inspections to ensure licensed members and entities are abiding by their professional duties. Licensees are often selected at random, but they should take the audit or inspection seriously and make sure they respond appropriately to the board.
• Complaints: A complaint indicates that someone (often a client, a patient, or a colleague), believes you have breached your professional duties. Notice of a complaint means the board takes the matter seriously enough to request a statement from you.
• Criminal charges and convictions: If you have pending criminal charges, even misdemeanors, you may hear from the licensing board. A conviction is also likely to cause the board to act. Criminal misconduct calls into question a licensee’s moral character, so you should deal with any board inquiry swiftly.

The manner in which the licensing board makes initial contact will vary. In some professions, a member of the board will send written correspondence such as an email or letter. But you may receive a phone call instead. It’s imperative that you keep your contact information updated in case the licensing board needs to reach you.

Step 1: Read the Communication Carefully

It can be jarring to receive a formal letter or other message from your licensing board. Your first response should be to read over the communication carefully. Keep the following points in mind as you do:

• Clarify the nature of the communication: The message should indicate whether it is a routing communication or particularized to you.
• Note any timelines and deadlines: Communications will often include important dates and will impose some sort of deadline to respond, so identify these right away.

• Understand the potential for serious allegations: The language may not fully communicate the seriousness of the underlying issue.
• Make a copy of the communication: If the communication is written, make a copy of it so you can add notes and highlight key information.
• Start documenting everything: After you have read the allegations or substantive claims in the communication, begin gathering all records you have that pertain to them.

Step 2: Start Planning, But Do Not Respond Immediately

Even if you believe you have done nothing wrong, resist the urge to defend yourself at this early stage. A quick response risks self-incrimination or misrepresentation. While you may be in the right, sending an immediate answer will risk self-incrimination on this or a related matter. You may inadvertently misrepresent your own position and leave out essential details which could absolve you of liability. Retain counsel and involve your malpractice insurer, as the circumstances dictate.

What Happens If I Ignore the Board’s Letter?

This is one of the costliest mistakes you can make. At a minimum, the board will likely commence disciplinary proceedings. Moreover, if the allegations involve criminal misconduct, the board may refer you to prosecution.

Will There Automatically Be a Hearing?

Not all board communications automatically prompt a hearing, but a hearing could allow you an opportunity to exonerate yourself. Licensees usually must expressly request an administrative hearing, and do so by a certain date. If you do not timely avail yourself of a hearing you may permanently forfeit the right to one.

Step 3: Call Joseph, Hollander & Craft

Your license, and therefore your professional and financial well-being, could be in jeopardy. Contact our law firm immediately. Joseph, Hollander & Craft has extensive experience representing healthcare providers, lawyers, judges, and other professionals in their dealings with licensing boards. Our firm is well-versed in both Kansas and Missouri laws, regulations, and proceedings that concern occupational licensure matters. We have built a reputation for excellence in this niche area of law.

For each client who retains our firm, we develop a customized strategy aimed at handling each step of the board’s investigation, from informal inquiries to full hearings. In the event you receive an adverse decision from your board, our firm can help you appeal it and take steps to protect and restore your license.

Step 4: Notify Key Entities

There are certain parties you should inform of the communication. Those entities include:

Your Malpractice or Professional Liability Carrier

• Healthcare practitioners and attorneys in particular should reach out to their malpractice or professional liability insurers. Your policy may require this as a condition of covering any damages and losses related to disciplinary actions.
• Many insurance carriers provide representation or coverage for licensing board matters. If you are uncertain whether you have such coverage, read your policy or contact the insurance company for details.

Your Employer (When Appropriate)

• There are both risks and benefits to contacting your employer. Your employment agreement may require disclosure, but it could open the door to additional ramifications. Speak with an attorney to determine when and whether you should report board matters to an employer.
• Confidentiality and timing are important. You need to ensure that you communicate with the correct person at your place of employment to maintain your confidentiality. Also, you should do so in a reasonable amount of time. Your attorney can assist with this.

Step 5: Begin Preserving Records

Documentation is key to answering board complaints and other communications:

1. Create a chronology of relevant events and decisions: This will help you stay organized and tell a clear, compelling narrative of what happened.
2. Make a list of individuals who have personal knowledge: Anyone who knows about the substantive facts and events referenced in the board’s communication should be on this list.
3. Never assume a record is not important: You should err on the side of including more rather than fewer records when providing context for your attorney. Your lawyer can assess what will be required for your defense, and what can reasonably be set aside.
4. Do not destroy evidence: You may come across a damaging document, and be tempted to delete or destroy it. Doing this will almost certainly cause more problems.
5. Be upfront with your attorney: Let your lawyer know about anything and everything pertaining to the licensing board’s communication. This includes even the evidence which could be used against you. Your lawyer will know how best to handle it.

Step 6: Prepare for the Long-Term

Board communications may have lasting effects on your professional future. As a medical professional, for instance, board matters can impact your license, hospital privileges, and credentials.

Moreover, these communications can inflict significant stress. For that reason you should not neglect to seek available support resources and counseling if warranted. Many professions offer confidential hotlines and other forms of assistance, and you can take advantage of these while protecting your license.

Lastly, don’t be afraid to ask for help securing your professional future. We can help you implement a strategy to address concerns like these.

Can I resolve this without a hearing?

Hearings are often undesirable because they expose allegations of misconduct to the public. Even if the underlying claims turn out to be false, the complaint itself is often sufficient to harm the professional’s reputation. Fortunately, it may be possible to dispense with the complaint without the need for a hearing. The board may determine, for instance, that there is no evidence of misconduct and decide to close the matter. Retaining legal counsel early is the best step you can take if you wish to avoid a hearing.

Contact Joseph, Hollander & Craft

If you have been contacted by your licensing board for any reason, you should contact Joseph, Hollander & Craft. We represent professionals throughout Kansas and Missouri from offices in Overland Park, Lawrence, Topeka, Wichita, and Kansas City.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Carrie E. Parker

Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]

Read More →

The post What to Do If You’re Contacted by a Licensing Board appeared first on Home.

Receiving a federal target letter is not a time to take matters lightly. Target letters are usually only issued when a federal prosecutor believes there is substantial evidence to tie the recipient to the commission of a federal crime. In many cases, this reflects that the federal government intends to bring charges. You need experienced counsel to help you strategize about what comes next in your case, and how you should plan to respond. If you need help understanding what a target letter usually signals in a federal criminal investigation, it is important to seek legal counsel early. Contact Joseph, Hollander & Craft.

What Is a Target Letter?

A target letter is a formal communication issued by the prosecutorial arm of the US Department of Justice, the US Attorney’s Office, also known as the United States Attorney’s Office. Each federal district has a US Attorney’s Office capable of issuing target letters in conjunction with ongoing investigations, including a federal grand jury investigation. A target letter is not an indictment, or a formal accusation of a federal crime. It is a precursor that explains that the person who receives the letter is under federal investigation.

As detailed in Section 160 of the Criminal Resource Manual, a target letter from the Department of Justice will generally:

• Advise the recipient that he or she is the target of a Grand Jury’s investigation;
• Identify the crime under investigation;
• Notify the recipient of his or her right to remain silent and to retain an attorney; and
• Caution the recipient against destruction of evidence and/or interference with the investigation.

Target vs. Subject vs. Witness

In a federal investigation, you can be classified at three different levels of legal exposure. They are:

1. Target: If you are a target, you are likely to be indicted for a federal crime. Target letters are usually only issued when the federal government investigators believe they have substantial evidence linking you to a crime. Speak with a federal criminal defense attorney at once if you are a target.
2. Subject: A subject is someone whose actions fall within the scope of grand jury investigation. A subject may have less evidence assembled against them than a target, but should still engage legal counsel. They may still receive a letter from the Department of Justice.
3. Witness: You may receive a letter or subpoena compelling appearance before a grand jury as a witness. Witnesses can still become subjects or targets as evidence is assembled, even though they are not at immediate risk of being charged. They should still consult with a federal criminal defense attorney in advance of testimony.

What a Target Letter Usually Signals About the Government’s Case

The federal government does not issue a target letter until they have substantial evidence of the crime involved. Therefore, a target letter signifies:

The Investigation Is Likely Well Advanced

If you receive a target letter, you must be aware that the case against you has been in the works for a period of time in advance of you receiving this communication, often through work conducted by federal law enforcement and federal investigators.

Prosecutors Believe They Have Evidence

Prosecutors generally will not issue a target letter unless they are confident in the strength of their evidence. This may mean that another party is prepared to testify against you, or that a significant paper trail has been discovered, sometimes developed through criminal investigation efforts.

A Grand Jury May Already Be Involved

A grand jury is a group of 16-23 citizens assembled to assess whether or not there is probable cause to issue an indictment. The Grand Jury may already be involved in your case when you receive a target letter, with an upcoming date set for a hearing.

The Government May Be Testing for Cooperation

Receiving a target letter can at times create an opportunity for cooperation. When a subject of an investigation receives a target letter, they have the opportunity to engage counsel. This can provide a platform for those the biggest targets of the investigation to cooperate with the United States Attorney’s Office by providing information about larger targets, which may influence how federal prosecutors evaluate the case. However, how cooperation may be helpful at this stage is very fact-dependent.

Strategic Decisions After Receiving a Target Letter

The most important strategic decision you can make after receiving a target letter is selecting a federal criminal defense attorney. Do not work with an inexperienced criminal defense attorney if you are under federal investigation. Joseph, Hollander & Craft offers a team of top rated criminal defense lawyers with years of experience in federal court. With five offices spread across Kansas and Missouri, we offer the resources of a larger firm with the dedication and commitment to excellence that comes from our roots as a family business. As federal criminal defense attorneys, we may recommend strategic decisions in your case such as:

• Preserving evidence: Do not destroy or hide any evidence, including letters, messages, emails, financial records or contents of bank accounts. Doing so can induce liability for a separate federal crime under 18 U.S. Code § 1519 punishable by up to 20 years in prison.
• Preventing the creation of additional evidence: While it may be tempting to reach out to former colleagues or associates to discuss the investigation, avoid communicating about potential criminal charges with anyone other than your criminal defense attorney, as statements may later be used in criminal prosecution. We can assist in communicating through each relevant party’s attorney so you do not inadvertently create additional evidence for the case.
• Evaluating the charges: We will assess the strength of the government’s case and your defense in context of the current legal landscape and similar judicial orders in order to provide our recommendation about how you should proceed, including whether a plea agreement may be appropriate
• Preparing for a subpoena: If the letter included a subpoena we will work with you to ensure that you can provide all of the relevant documents.
• Opening negotiations with the US Attorney’s Office: Do not attempt to speak to federal prosecutors alone. Your criminal defense attorney may be able to open channels of communication to clarify the investigation against you as well as hear any offers on the table for a possible plea bargain in certain federal cases.

What May Happen Next in a Federal Investigation

The federal investigation will proceed to the next phase after receiving a target letter. Your testimony before a grand jury may be requested, and in some cases may receive target letters related to additional aspects of the investigation. You will need to preserve any and all requested documentation from a subpoena and be prepared to assert your legal rights throughout the process, particularly if federal agents request information or testimony.

Depending on how the investigation develops, prosecutors may evaluate whether to bring federal charges and which charges to bring. These decisions can carry significant legal consequences, and should be made with guidance from an experienced federal defense attorney or experienced criminal defense attorney.

In some cases, investigations involving financial activity or white collar crimes may continue for an extended period before any formal action is taken. Regardless of the timeline, individuals who receive target letters should take immediate steps to protect their position and seek appropriate legal guidance.

Federal Investigation Target Letters: Frequently Asked Questions

Does receiving a federal target letter mean I will be charged?

Charges are very likely but not necessarily guaranteed. In some cases, a putative defendant may not ultimately face charges depending on how the investigation develops. Regardless, you should retain legal counsel as soon as you receive a target letter.

Can you ignore a federal target letter?

Never ignore a federal target letter. A target letter is a warning of impending action, not an empty threat. Contact a federal criminal defense attorney immediately to evaluate how to proceed.

Should you speak with investigators after receiving a federal target letter?

You may be able to reach a resolution with federal investigators in advance of indictment through your criminal defense lawyer’s actions, such as a pre-indictment plea negotiations. It may also be possible to clarify misunderstandings or provide sufficient valuable cooperation to avoid charges altogether. However, you should never attempt to contact investigators without legal representation, or make statements without advice from a federal criminal defense lawyer.

How much time passes between a federal target letter and an indictment?

In the Western District of Missouri as well as the District of Kansas there is no fixed period of time between when a target letter is received and an indictment. However, you should contact a federal criminal defense attorney immediately as an indictment can follow within just several days or weeks afterwards.

Speak with a Federal Defense Attorney in Kansas or Missouri

If you have received a federal target letter, don’t wait to speak with an experienced criminal defense lawyer about your case. Joseph, Hollander & Craft provides skilled legal representation to clients in Kansas and Missouri. Contact us today to reserve a confidential consultation. Our offices are located in Kansas City, Topeka, Wichita, Lawrence, and Overland Park.

The post What a Target Letter Signals About a Federal Investigation appeared first on Home.

Professor Michael H. Hoeflich, PhD, Editor-in-Chief
Carrie E. Parker, Legal Editor
Luzianne Jones, Design & Publishing Editor

PUBLISHED BY: Joseph, Hollander & Craft LLC

PUBLICATION DATE: April 30, 2026

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 4

FEATURE ARTICLE: Defending & Preventing AI Hallucination

In last month’s Legal Ethics & Malpractice Reporter, we outlined the increasing number of cases involving the submission of hallucinated case law by lawyers and law firms and the increasing imposition of sanctions by courts under Federal Rule of Civil Procedure 11 and related state rules. Here, we examine the defenses that have been raised by attorneys and firms that have submitted fake citations and how courts have reacted to them.

I Didn’t Know What I Was Doing

The defense of ignorance has proven to be a bad choice. Courts have cited many rules when addressing the issue of hallucinated law—most frequently FRCP 11 and Rules of Professional Conduct 1.1, 3.1-3.4, and 5.1-5.4. None of these rules mentions intent. Accordingly, pleading lack of intent to be technically incompetent or lack if intent to misinform the court is not likely to be effective. It might also anger the court.

. . .

READ THE FULL ARTICLE

NEW AUTHORITY: ABA Formal Opinion 522

On April 8, 2026, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 522, regarding a lawyer’s obligation to disclose information about grounds for judge’s disqualification.

Of course, judges are required to consider disqualification under Rule 2.11 of the Judicial Code of Conduct, which states that

A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned . . . .

But there are times when a judge may not know that there are grounds for such a disqualification. And Opinion 522 concludes that Rule of Professional Conduct 8.4(d) requires the lawyer, as an officer of the court, to disclose that information to the tribunal.

When would a judge not know the judge’s impartiality might reasonably be questioned in connection with a proceeding? Opinion 522 offers four examples.

Illustration 1: Prior Employment Connection

A prosecutor is assigned to represent the state in post-conviction proceedings. The assigned judge previously served as a supervisor in the prosecutor’s office. The prosecutor learns from the file that, while working in the prosecutor’s office, the judge supervised the trial prosecutor in the case. The defendant’s lawyer is evidently unaware of the judge’s supervisory responsibility for an earlier stage of the case, and the judge may not recall it.

Illustration 2: Campaign Contribution

A lawyer representing a party in a civil case learns from the client that the client was a major financial supporter of the presiding judge’s recent judicial election campaign. The client acknowledges having made a significant contribution to a political action committee earmarked for the judge’s campaign, but there is no public record of the contribution, and it is uncertain whether the judge knows of it.

Illustration 3: Spouse’s Law Firm Involvement

A lawyer learns that co-counsel for another party in a consolidated civil action has engaged the judge’s spouse’s law firm for related consulting work on discovery strategy. The lawyer knows of this fact because an associate from the spouse’s firm copied the lawyer on an email exchange related to scheduling depositions.

Illustration 4: Counsel’s Business Relationship with Judge’s Family Member

A lawyer for a party in a civil action recently became a minority shareholder in a local business. The lawyer knows that the judge’s adult child is an executive and major investor in the business.

According to Opinion 522, when a lawyer has “actual knowledge” of some similar reason for judicial recusal, Model Rule of Professional Conduct 8.4(d) requires that the lawyer consider disclosing those facts if (a) the information is reasonably likely to require recusal and (b) the disclosure can be made without violating the lawyer’s confidentiality obligations under Model Rule 1.6 or Model Rule 1.9.

The Opinion’s reasoning and its interpretation of the scope of Rule 8.4(d) may surprise some lawyers. The Opinion’s broad basis for the ruling that this obligation arises from a lawyer’s role as an “officer of the court” may raise some objections as well. Because of the possible novelty of the Opinion’s reasoning and because of its potential broad impact on litigation, every lawyer should read it in detail.

ETHICS & MALPRACTICE RESEARCH TIP: New Article on Legal Malpractice & Ethics

Michael D. Murray, Algorithmic Ethics in an Era of Agentic AI Advocacy: An Analysis of AI’s Impact on the Model Rules of Professional Conduct and the Model Code of Judicial Conduct, 16 ST. MARY’S J. ON LEGAL MALPRACTICE & ETHICS 279 (2026), online at https://commons.stmarytx.edu/lmej/vol16/iss2/4

In this article, Murray dives into issues related to the ethical use of AI in law practice and judicial conduct, rule by rule.

A BLAST FROM THE PAST: De re publica

Yet to possess virtue, like some art, without exercising it, is insufficient. Art indeed, when not effective, is still comprehended in science. The efficacy of all virtue consists in its use. Its greatest end is the government of states, and the perfection not in words but in deeds, of those very things which are taught in the halls. For nothing is propounded by philosophers, concerning what is esteemed to be just and proper, that is not confirmed and assured by those who have legislated for states. For from whence springs piety, or from whom religion? Whence the law, either of nations, or that which is called civil? Whence justice, faith, equity? Whence modesty, continence, the dread of turpitude, the love of praise and esteem? Whence fortitude in trouble and dangers? From those who having laid a foundation for these things in early education, have strengthened some of them by the influence of manners, and sanctioned others by the influence of laws. Of Xenocrates, one of the noblest of philosophers, it is said, that when he was asked what his disciples learnt of him, he replied “to do that of their own choice, which the laws enjoined them to do,” therefore the citizen who obliges every one by the authority and fear of the law to do that, which philosophers by reasoning, with difficulty persuade a few to do, is to be preferred to those learned men who only dispute about these things. For which of their orations, however exquisite, can be compared in value to a well constituted state, to public right and to morals. Truly as great and powerful cities, as Ennius says, are as I think, to be preferred to villages and castles; so those who stand pre-eminent in those cities, in authority and counsel, are to be esteemed far before those in wisdom, who are altogether ignorant of the conduct of public affairs. And since we are chiefly urged by a desire to increase the possessions of the human race, and seek by our counsels and labors, to surround the life of man with gratification and security, and are incited by the instincts of nature to these enjoyments; let us hold the course which was always that of the best men: nor attend to those signals which speculative philosophers make from their retirement, to allure back those who are already far advanced.

— Marcus Tullius Cicero, De re publica, tr. G.W. Featherstonehaugh (1829).

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 4

About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 26 attorneys covers a lot of ground, both geographically and professionally.

We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.

When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.

The post Legal Ethics & Malpractice Reporter, Vol. 7, No. 4 appeared first on Home.

Author: Professor Michael H. Hoeflich, PhD, Editor-in-Chief

Legal Editor: Carrie E. Parker

This article is featured in Volume 7, Number 4 of the Legal Ethics and Malpractice Reporter, published April 30, 2026.

In last month’s Legal Ethics & Malpractice Reporter, we outlined the increasing number of cases involving the submission of hallucinated case law by lawyers and law firms and the increasing imposition of sanctions by courts under Federal Rule of Civil Procedure 11 and related state rules. Here, we examine the defenses that have been raised by attorneys and firms that have submitted fake citations and how courts have reacted to them.

I didn’t Know What I was Doing

The defense of ignorance has proven to be a bad choice. Courts have cited many rules when addressing the issue of hallucinated law—most frequently FRCP 11 and Rules of Professional Conduct 1.1, 3.1-3.4, and 5.1-5.4. None of these rules mentions intent. Accordingly, pleading lack of intent to be technically incompetent or lack if intent to misinform the court is not likely to be effective. It might also anger the court.

For example, in Mattox v. Product Innovations Research LLC, when a lawyer insisted he did not know ChatGPT would alter the citations in a brief he asked the platform to make more persuasive, the court acknowledged the attorney’s actions were “not born of deceit.” 807 F.Supp.3d 1341, 1349 (E.D.OK 2025). Still, they “displayed a reckless disregard for the obligation to ensure that what is filed in federal court is true, verified, and worthy of the public trust,” warranting sanctions “both to redress the specific harm and to deter recurrence.” Id.

The deliberate submission of false authority to the court is, of course, particularly offensive. But courts will not excuse the inadvertent submission of false or inaccurate authority when the current legal landscape is full of warnings regarding the risks of AI-generated material.

It Wasn’t Me

To date, lawyers have not avoided sanctions by noting that someone else actually prepared the document they signed.

Citing FRCP 11, courts generally find that any lawyer who signs a document is responsible for what it contains. This rule has been relied upon in sanctioning local counsel who submit filings prepared by co-counsel for whom they have sponsored pro hac vice admission to practice. See, e.g., Mattox, 807 F.Supp.3d at 1351-1352; Wadsworth v. Walmart Inc., 348 F.R.D. 489, 498-99 (D. Wyo. 2025); Lifetime Well LLC v. IBSpot.com Inc., No. CV 25-5135, 2026 WL 195644, at *9 (E.D. Pa. Jan. 26, 2026).

Even lawyers who did not sign the offending documents may be subject to discipline. KRPC 5.1 requires lawyers with managerial and supervisory authority to “make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the rules of professional conduct” and makes those lawyers responsible for the professional misconduct of their subordinates under specified circumstances. Accordingly, if any attorney in a firm is found to have violated KRPC 3.3’s obligations of candor, then his manager or supervisor may be on the hook as well. See N.Z. v. Fenix Int’l Ltd., No. 8:24-CV-01655-FWS-SSC, 2025 WL 3626155, at *4 (C.D. Cal. Dec. 12, 2025).

I’m Sorry

The white shoe law firm of Sullivan & Cromwell recently made headlines for the “apology letter” submitted in In re Prince Global Holdings Limited, et al., No. 26-10769 (Bankr. SDNY). Kelsey Vlamis, “AI hallucinated — and now an elite law firm is profusely apologizing to a federal judge,” Business Insider (Apr. 21, 2026), available at https://www.businessinsider.com/sullivan-and-cromwell-apologizes-ai-hallucinations-court-filing-2026-4; Karen Freifeld & Mike Scarcella, “Sullivan & Crowell law firm apologizes for ‘AI’ hallucinations in court filing,” Reuters (Apr. 21, 2026), available at https://www.reuters.com/legal/litigation/sullivan-cromwell-law-firm-apologizes-ai-hallucinations-court-filing-2026-04-21/. Acknowledging that a prior submissions included AI-generated citations that were fabricated (including wrong reporters and incorrect pin cites) and misquoted holdings, the letter stated “deep[] regret” that the error-filled filing occurred—noting “[t]he Firm’s policies on the use of AI were not followed in connection with the preparation of the” document.

In some cases, contrition may help mitigate the sanction and diminish reputational damage, but it is not a defense.

Conclusion

To date, we have seen nothing operate as a full defense when a filed document contains erroneous authority attributable to AI hallucinations. There being no “cure,” courts insist on prevention.

READ THE FULL ISSUE OF LEMR, Vol. 7, No. 4

About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 25 attorneys covers a lot of ground, both geographically and professionally.

We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.

When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.

The post Defending & Preventing AI Hallucination appeared first on Home.

Having a comprehensive legal strategy means being prepared for every contingency that might arise in your matter. It also includes being ready to confront parallel proceedings under both civil and criminal law. If you are facing this type of situation in the Kansas City area, you need a criminal defense attorney who understands how civil and criminal cases interact and how decisions in one forum can affect the other. Count on the experienced criminal defense lawyers of Joseph, Hollander & Craft.

How the Same Incident Can Lead to Two Different Cases

Some matters fall strictly under criminal law, exposing a defendant to incarceration, probation, fines, and other penalties tied to criminal liability. Others proceed under civil law, where a plaintiff seeks compensation or injunctive relief in civil court. In many situations, however, the same conduct can create both civil and criminal liability at the same time.

Scenario One: DUI Incidents Leading to Civil and Criminal Cases

Driving under the influence is a criminal offense that can result in criminal charges and prosecution. If the incident causes injury or death, it may also lead to a civil lawsuit in civil court, such as a personal injury or wrongful death claim. In these parallel civil and criminal cases, the same facts are evaluated under different legal standards.

Scenario Two: Family Law Matters With Civil and Criminal Exposure

Family law disputes in Missouri can involve both civil and criminal proceedings. Allegations of domestic violence may result in criminal charges while also leading to civil remedies such as a restraining order or affecting child custody determinations. Violations of a court order, including failure to pay child support, may expose a party to both civil enforcement and criminal penalties.

Scenario Three: Professional Licensure and Criminal Allegations

Professionals in the Kansas City area must maintain compliance with licensing requirements, but regulatory issues can escalate into criminal investigations. Allegations such as fraud may trigger action by a government agency or licensing board while also leading to criminal prosecution. In these cases, both civil and criminal consequences may threaten a person’s livelihood and freedom.

The Difference Between Criminal Prosecution and Civil Litigation

There are several important distinctions between criminal prosecution and civil litigation, particularly in how civil and criminal liability are determined.

In a criminal case, the government brings charges against a defendant and seeks penalties under criminal law. In contrast, a civil case may be brought by any private party or business seeking monetary damages or other relief through civil court.

The purpose of each case also differs. Criminal proceedings are designed to punish unlawful conduct and deter future offenses. Civil cases focus on resolving disputes, compensating injured parties, or enforcing obligations such as contracts or court orders.

The burden of proof is another key distinction. In a criminal trial, prosecutors must prove guilt beyond a reasonable doubt. In civil cases, the standard is lower, usually requiring proof of liability by a preponderance of the evidence.

Outcomes also vary significantly. A conviction in a criminal case can result in jail or prison, fines, and a lasting criminal record; collateral consequences may include loss of voting or firearm privileges or deportation. Civil cases generally result in financial damages, injunctions, or enforcement of legal obligations; civil cases may also result in the loss or restriction of privileges, such as a license to practice a profession.

When Civil and Criminal Cases Move Forward at the Same Time

Parallel civil and criminal cases can arise from the same underlying facts. However, they are:

• Handled by different parties (e.g. prosecutors with the state or federal government for criminal cases and private parties or government representatives for civil cases)
• Subject to different rules, procedures, burdens of proof, and evidentiary standards

Civil and criminal cases are independent of each other, and so too are civil and criminal liability. In other words, being found guilty of a crime does not mean you are automatically civilly liable, and vice versa.

How Civil Litigation Can Affect a Criminal Case

What happens in a civil lawsuit can later resurface in a criminal case and vice versa. When parallel civil and criminal cases move forward at the same time, decisions made in one court may impact what happens in the other. Your overall strategy needs to accommodate this reality.

Statements and Testimony

Statements made during depositions, on the witness stand, or in written discovery can be used by prosecutors in a criminal hearing or trial. Likewise, evidence from a criminal trial may be used in a civil proceeding.

Timing of Proceedings

The timing of civil and criminal proceedings is often strategic. Prosecutors may allow a civil case to move forward to gather evidence before filing or advancing criminal charges. In other situations, a judge may pause a civil case to avoid interfering with constitutional protections in a criminal trial.

Plea Negotiations and Defense Strategy

As more information becomes available through civil litigation, prosecutors may gain leverage in criminal proceedings. This can influence plea negotiations and trial strategy. Working with a criminal defense lawyer is essential to manage how developments in one case affect the other.

There is often a complex relationship between civil law and criminal law in these situations. The right criminal defense attorney in Kansas City can help you navigate both forums and defend against parallel civil and criminal cases effectively.

How Criminal Investigations Can Influence Civil Lawsuits

A similar dynamic exists when a criminal investigation begins before a civil lawsuit is filed. Here are some practical ways that criminal charges and civil liability work together:

• Plea deals and admissions: If during the criminal investigation you decide to enter into a plea deal with prosecutors, this may reappear later as an admission in your civil lawsuit.
• Evidence: Just as the evidence uncovered during civil discovery can help the prosecution, what prosecutors and investigators find during their work may be used against you in civil litigation.
• Timing: A plaintiff may file a civil lawsuit during the criminal investigation to preserve their case and avoid a statute of limitations issue with the civil matter. However, if there is a lengthy statute of limitations, the plaintiff may wait until a criminal case has concluded in order to use a conviction to their advantage.
• Settlement: Whether to settle in a civil matter or plead in a criminal matter may depend on how one case will be affected by the other. The resolution of one case often needs to be coordinated with the resolution of the other, even if they cannot technically be resolved through a single agreement.

Because civil and criminal cases often develop side by side, decisions made during a criminal investigation can carry lasting consequences in civil court. This is why you should contact us as soon as possible. Working with a criminal defense attorney who also has experience with civil matters ranging from business law and professional licensure to forfeiture and family law can make a significant difference. Because Joseph, Hollander & Craft has a team of attorneys with experience across multiple fields, we can offer a full service defense for clients facing repercussions in civil and criminal law.

The Fifth Amendment Dilemma in Parallel Proceedings

Parallel civil and criminal proceedings often raise what is known as the Fifth Amendment dilemma. Criminal defendants have the right to invoke the Fifth Amendment’s protection against self-incrimination by remaining silent. Law enforcement will generally advise the defendant of this right upon arrest, and defendants are usually wise to exercise it. In criminal court, your right to remain silent cannot be used against you.

The Fifth Amendment in civil cases is much more complicated, however. Unlike your criminal matter, staying silent can hurt you. A judge or jury in your civil trial can draw negative conclusions from your decision to remain silent.

So the dilemma boils down to a tension between protecting your right against self-incrimination, and ultimately protecting your freedom from prison and other consequences, versus the effect of remaining silent on a possible finding of civil liability. An attorney advising you in either case should be mindful of how your testimony could affect the outcome in civil or criminal court.

Collateral Consequences Beyond the Courtroom

In simultaneous civil and criminal cases, the consequences are not limited to what happens in civil court or during criminal proceedings. Outcomes in both civil and criminal law can affect your finances, your career, and your family life in ways that extend well beyond a single criminal case or civil lawsuit.

A Kansas City criminal defense attorney can help you understand how civil and criminal liability may develop across multiple forums and how decisions made in one case may affect the other.

These consequences often include:

• Professional reputation and career impact: Criminal charges or allegations raised in civil cases may affect your standing in the Kansas City area, limit employment opportunities, or trigger action by a government agency or licensing board—even before a criminal trial is resolved.
• Business and financial exposure: Civil liability in a personal injury case or other civil lawsuit may result in significant damages, while criminal proceedings may involve fines or restitution tied to a criminal offense. Business owners may also experience operational disruption.
• Property and asset risks: Outcomes in civil court may lead to liens, while criminal charges can result in asset forfeiture. These overlapping risks show how civil and criminal liability can affect both personal and business property.
• Family law consequences: Allegations tied to a criminal case may influence child custody decisions or lead to a restraining order. Violations of a court order may create additional exposure in both civil and criminal proceedings.
• Personal liberty: A conviction in a criminal case in Kansas or Missouri may result in incarceration or other penalties, while civil cases can lead to enforcement actions or contempt findings that also carry consequences.

Each decision can carry consequences across multiple areas of your life. Working with a criminal defense lawyer who understands how civil law and criminal law interact is essential to protecting your interests at every stage.

Joseph, Hollander & Craft’s Coordinated Defense Strategies

The best legal defense strategy is one that takes into account both criminal and civil matters, as well as state and federal proceedings. Rather than hire numerous lawyers, you should explore how Joseph, Hollander & Craft may be able to help you with all emerging legal facets.

When you hire our firm, we get to work coordinating a multilayered defense strategy that considers how:

• Actions in one case may affect the other
• To best manage testimony and evidence-gathering across these various proceedings
• To protect your constitutional rights and interests while responding to civil lawsuits filed against you

Legal Guidance When Civil and Criminal Cases Overlap

If you have both civil and criminal court matters in your future, or you are facing state and federal charges, it’s time to talk with a law firm that can provide comprehensive legal assistance. Reach out to the Kansas City attorneys of Joseph, Hollander & Craft. We maintain additional offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Carrie E. Parker

Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]

Read More →

The post Defense Strategies for Parallel Civil and Criminal Cases appeared first on Home.

Why was everyone so happy? The misdemeanor pleas meant that Mr. Ceballos had avoided conviction for the six felony election offenses originally charged against him (and, hopefully, the risk of deportation that came with those felonies). The cheerful crowd recognized this was a wonderful result for Mr. Ceballos, who never denied that he voted in the elections at issue but also never intended to violate the law.

Joseph, Hollander & Craft Criminal Defense Attorney Jess Hoeme, who negotiated the favorable plea deal for Mr. Ceballos, expressed gratitude that the Kansas Attorney General’s Office ultimately “looked at the man instead of the politics of the situation.”

The Honorable Sidney R. Thomas, who presided over the case, remarked on the resolution of the case: “I do think that’s justice.” Judge Thomas followed the plea agreement’s recommendation that Mr. Ceballos serve no jail time.

The post Attorney Jess Hoeme Negotiates Favorable Plea Deal for Joe Ceballos appeared first on Home.

Divorce proceedings are always more complicated when spouses have children, and disagreements over a child’s education can be especially difficult. The parents may have disputes involving school choice or private school tuition. Still another situation is when either the child or a parent wants to change schools.

The decisions that are made during divorce can affect your children’s educational needs and their future, including their ability to attend school that supports their educational success and overall welfare. Working for the best possible outcome requires dedicated legal representation putting child’s interests first. Count on the Kansas City divorce attorneys of Joseph, Hollander & Craft to guide you.

Why Educational Decisions Are Often Disputed During Divorce

When two spouses are married, they generally view each other as being on the same team. So even when they disagree on how to educate their children, they can more easily come together and resolve their differences. A divorce upends this cooperation.

When spouses go through divorce, one or more the following scenarios could arise:

• Overlooked issues become prominent: Previously, one parent may have given the other parent grace when it came to certain decisions involving the child’s education. Divorce brings unresolved disagreements to the surface. Without the marriage binding the parents, the desire to work together may be impaired.
• Custody may have been a divorce issue: One parent may specifically mention education decisions in child custody claims related to the divorce. If, during the marriage there was a fundamental disagreement over how to educate the child, then it is likely to continue even after the court has made its custody decision.
• Changes may have happened since separation: Post-separate changes in lifestyle, finances, or other important matters can affect various custody issues–including school choice. For instance, one parent may wish to leave the area and therefore change the child’s school.

These disagreements often arise in broader family law matters and can lead to financial disputes or require court intervention if the parents cannot resolve them.

It is possible for these and other matters to be resolved during negotiation, mediation, or litigation, with the help of an experienced Kansas City family law attorney.

How Courts Review and Decide Upon School Choice Disputes

Legal custody is decision-making authority and it includes significant matters such as a child’s education. The right of a parent to make decisions regarding school enrollment will therefore depend on the overall custody arrangement.

• Joint legal custody: Joint custody, including joint legal custody, is the preferred option and requires both parents to confer with each other before making major decisions such as where to enroll the child in school. As with all decisions affecting the child, the child’s best interests are the primary concern for the judge. So there has to be clear evidence that the parents can communicate well and work together for the benefit of the child in making all decisions.
• Sole legal custody: A less common but still possible option is to allow only one parent to make major decisions affecting the child, including education. Sole legal custody is more likely if there is evidence that one parent has been abusive, neglectful, or there are otherwise compelling reasons for preferring only one parent to make these choices.

If the judge orders sole legal custody, then the parent who is granted custody will simply make educational decisions. But if joint legal custody is ordered, then both parents will be expected to come to a mutual agreement. Neither parent can unilaterally make decisions about the child’s education if joint legal custody is ordered. If the parents sharing joint legal custody ultimately disagree on educational matters, they may need to submit the dispute to:

• A mediator
• A parenting coordinator
• The court, including by way of modification or enforcement

Who Pays for Private School After Divorce?

While deciding who has the authority to select the child’s school is complicated enough, paying for it is another matter. This is where child support comes in. However, child support is generally intended to cover a child’s basic needs and does not automatically include special expenses like private school tuition. As with all matters affecting the child, the judge must determine what is in the child’s best interests, and that standard can influence how child support is structured.

If one parent wants to include private school tuition in the child support calculation but the other does not, the judge will decide whether one or both parents should contribute. In doing so, the court may consider:

• Whether the child was already enrolled in private school
• The ability of either or both parents to pay
• Any special educational needs the child may have
• Whether public schools can meet the child’s educational needs
• The child’s lifestyle during the marriage and the role private school played in it

In some cases, the court may deviate from standard child support guidelines to account for private school tuition if doing so is in the child’s best interests.

It is also possible for both parents to reach an agreement regarding private school tuition during divorce negotiations. If they formalize that agreement in writing, such as in a separation agreement, the court will generally enforce it.

What Happens If I Want to Change My Child’s School?

One of the most contentious decisions regarding a child’s education is the decision to change it. Disputes about school selection or changing to a particular school often arise when parents disagree about what is best for the child’s schooling. Whether private school, public school, homeschool, or some other form of education is involved, one parent’s desire to change schools is often met with hostility from the other. There are various dynamics at work which a court will need to weigh.

The Effects of Relocation on School Choice

Relocating either within the same state or to another one is a common basis for changing a child’s school after divorce. A custodial parent who wishes to relocate within the same state must usually send written notice before the move, and it should be sent by registered or certified mail. If the other parent does not agree then the judge may have to decide and weigh various factors to determine the best interests of the child.

The issue of school choice in divorce is even more complex if the proposed move is out of state. While notice is also required, it will be harder to justify the relocation if the non-moving parent will be unable to see the child as often. In addition to proving that the relocation is in the child’s best interests, the parent who is proposing to move should be able to demonstrate they have legitimate reasons for doing so, like an important career change.

Religious Schools and Values-Based Education

Religion can add a level of complexity to relocation decisions. Judges want to respect the different religious views of the parents without appearing to officially endorse a religion. At the same time, courts also recognize the advantages of religious and values-based education for many children. As with all educational matters, a judge has to evaluate the child’s best interests and how they intersect with the proposed change to a new school.

Special Education and Special Needs

Disputes may arise when one parent wants to move the child to a school that can better handle a child’s special needs but the other objects. The parent who wants to move should be prepared to demonstrate how the new school can better facilitate the child’s education and development, taking into account such factors as the child’s condition, the quality of special education services, and whether there is an existing IEP (individualized education program).

Access to school records and evaluations can be important in demonstrating what educational environment best supports the child.

Extracurricular Considerations

Sometimes a child’s extracurricular activities can be relevant to school choice disputes between divorced parents. For instance, a child may show a special talent for athletics. One school may be better equipped to foster the child’s talents than another. By the same token, extracurricular activities cannot be given so much weight that other aspects of the child’s education are neglected. Judges usually try to take a comprehensive approach that weighs the overall benefits, both academic and extracurricular, of one school over the other.

These considerations are part of evaluating the child’s educational development and long-term success.

How Parenting Plans Address Education Decisions

Divorcing parents are required to come up with a parenting plan that addresses various matters of both legal custody and physical custody. This plan should be comprehensive and cover, in detail, how major decisions will be made and with whom the child will reside throughout the year. However, there are situations in which education and custody agreements can be contentious. If for some reason the parents are unable to come up with a plan on their own, then the judge will have to order custody terms.

Parenting plans are especially important in co-parenting situations where both parents remain involved in major decisions. Whether the parents decide on a plan or the judge orders it, at a bare minimum it should cover:

• Who gets to make educational decisions, whether it’s both parents or just one (joint versus sole legal custody)
• How decisions regarding the child’s education, including any future changes, will be made
• Any factors that the parents have to consider in making educational decisions
• Any notice or documentation requirements that the parents must meet (which are especially important if only one parent is granted legal custody)
• A process to revolve disputes by way of mediation, a parenting coordinator, or otherwise

If both parents come to an agreement regarding these and other terms, the judge still has to review the plan to ensure it is in the child’s best interests. Education and parenting plans are never decided in a legal vacuum. Also, matters that are addressed in the parenting plan can later be modified if circumstances change and the child’s best interests require a modification. Our firm can assist you with all issues that involve school choice and parenting plans.

When to Speak With a Divorce Attorney About Education Disputes

You should talk to a lawyer when:

• You have reason to believe the child’s current educational interests are being jeopardized but the other parent doesn’t want to discuss it
• You have made suggestions for changing the child’s school, including to a private school, but the other parent is hostile to your suggestion
• The other parent is not playing a suitable role in supporting the child’s academic or extracurricular needs
• Either you or the other parent are proposing a relocation and the move will affect the child’s education
• You and the other parent would like to mediate custody or child support matters as they pertain to education, or formalize an agreement
• Either parent wishes to modify existing custody terms regarding education

Contact a Kansas City Family Law Attorney Today

Although educational disputes can be frustrating, you don’t have to handle the issue alone. Turn to Joseph, Hollander & Craft for any family law related concerns, including modifying custody agreements. A Kansas City family lawyer from our firm can assist you with all aspects of child custody and child support. If you need representation in Overland Park, Lawrence, Topeka, or Wichita, we also maintain offices in these locations. Get in touch with us today to get started.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Carrie E. Parker

Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]

Read More →

The post School Choice and Private Education Conflicts in Divorce appeared first on Home.

A police request to participate in an interview may sound innocuous. But despite assurances from law enforcement officers, you need to understand what is at stake before you agree to answer questions. Statements made during a voluntary police interview can become evidence in a criminal investigation and may later be used to support criminal charges.

Before agreeing to speak with law enforcement officers, understand your rights and the risks involved. An experienced criminal defense attorney can help you evaluate whether speaking with police is in your best interest. The Kansas City criminal defense attorneys of Joseph, Hollander & Craft are here to advise you.

What Is a “Voluntary” Interview With Police?

What police describe as a voluntary interview often takes place during the early stages of a criminal investigation. The officer will likely say:

• You are not under arrest: The officer wants to speak to you about something, but you are not under arrest.
• This interview is voluntary: The officer will likely affirmatively state that you are participating voluntarily.
• You can leave at any time: The officers will tell you that you can leave at any time.
• You can decline to answer questions: You don’t have to answer any questions.

Even if all of this is true, the presentation can be misleading. What the police mean is that they are not subjecting you to a custodial interrogation during which they are required to advise you of your Miranda rights:

• You have the right to remain silent.
• Anything you say can and will be used against you in a court of law.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be provided for you.

Why Criminal Investigators Ask for Voluntary Interviews

Criminal investigations are a process of evidence-gathering and identifying suspects. Interviews serve an important function in achieving these goals. The police officers may ask a person to voluntarily participate in an interview because:

1. They are building a case: The interview helps police gather evidence to build a case against you (and others) even if they cannot yet arrest you.
2. They are testing theories of the case: Police may have a working theory of the case, including the interview subject’s role, and want to test it by asking questions.

The overarching purpose of the interview is to gather evidence to be used in a criminal case.

Do You Have to Talk to Police Officers if You Are Not Under Arrest?

No. The Fifth Amendment protects your right to remain silent during any interaction with law enforcement, including voluntary police questioning.

However, before an arrest, police officers are not required to advise you of this right. If you choose to speak rather than remain silent, your statements can be used against you in a criminal investigation and later in court.

Voluntary Interviews Involving Juveniles

Parents are often surprised to learn that law enforcement officers can question minors without parental consent or notice. Officers may even question a minor child at school.

However, while police are not prohibited from asking questions of juveniles suspected of involvement in criminal activity, that does not mean juveniles are required to answer the questions posed. Juveniles have the same constitutional protections that adults do, including the Fifth Amendment right to remain silent.

How Statements Made in Voluntary Interviews Can Become Evidence in a Case Against You

If you choose to speak with police officers, what you say can become evidence in a criminal investigation. Even in a voluntary police interview, your statements may be used to support criminal charges or challenge your credibility within the criminal justice system.

Before agreeing to answer questions, understand how these interviews are used:

• The interview will be documented: If you speak with investigators, the interaction is typically recorded by audio, video, or both. Officers also take notes. This creates a permanent record that can be used later.
• Your statements can be treated as admissions: What you say during police questioning may be interpreted as admissions of the crime under investigation, or you may inadvertently confess to the commission of another crime while trying to absolve yourself of liability for another.
• Inconsistencies can damage your credibility: If your account changes or conflicts with other evidence, prosecutors may use the interview to challenge your reliability. This can become a key issue if criminal charges are filed.
• Your statements can lead to additional evidence: Information you provide may help law enforcement officers identify witnesses, locate evidence, or expand the scope of their police investigation.
• Your statements may be presented in court: Prosecutors can introduce recordings, transcripts, and officer testimony to support their case. What begins as a voluntary interview can become a central part of the evidence used against you.

Given these risks, many people expect law enforcement to clearly advise them of their rights before questioning begins. In voluntary interviews, that assumption is often incorrect.

Why Miranda Warnings May Not Apply in Voluntary Interviews

Miranda v. Arizona is a cornerstone of the American legal system. This Supreme Court decision requires law enforcement to give suspects what is commonly known as the Miranda warning. This warning notifies individuals that:

• They have the right to remain silent
• Anything they say can be used against them in court
• They have the right to an attorney
• If they cannot afford an attorney, one will be appointed for them

The Miranda warning has its constitutional roots in the Fifth Amendment. However, most people misunderstand when Miranda warnings apply. These are the two scenarios that must be met before police have to issue the warning:

• The person is in custody (either under arrest or detained, meaning not free to leave)
• Police are interrogating or questioning the person in an effort to obtain incriminating information

When someone has not been arrested, there is no requirement to give a Miranda warning.

Common Investigative Techniques Used During Police Interviews

It is important to understand the techniques law enforcement officers use during voluntary interviews. Although these interactions are described as informal, they involve the same strategies used in a police interrogation. It is typically a structured effort to gather evidence or elicit confessions.

Investigators with police agencies are trained to guide questioning in ways that produce useful statements. They may use tactics such as:

• Building rapport with the subject: Officers often act friendly and conversational. The goal is to lower your guard so you are more likely to speak freely rather than exercise your right to remain silent.
• Downplaying the seriousness of the matter: Law enforcement may minimize the situation or withhold key details about the investigation. This can create a false sense of security and encourage you to answer questions you might otherwise decline.
• Asking open-ended questions: Investigators frequently invite you to “tell your side of the story.” These broad questions are designed to gather evidence while also evaluating your credibility within the larger police investigation.
• Rephrasing questions: Officers may ask the same question in different ways to identify inconsistencies or pressure you into providing additional details. These variations can be used to challenge your account later in the criminal justice system.
• Presenting you with evidence: Investigators may show you documents, statements, or other materials to influence your responses. Law enforcement officers are even permitted to misrepresent evidence as part of their questioning strategy.
• Good cop/bad cop: One officer may appear understanding while another takes a more aggressive tone. This approach is designed to build trust with one interviewer and encourage you to continue speaking without legal representation.

What to Do if Law Enforcement Requests an Interview

Take these steps if a police officer asks you for an interview:

1. Ask whether you are free to leave: If you are free to leave, it’s a good idea to do so. If you are not, then you are probably in custody.
2. Invoke your right to remain silent: Talking to the police without a lawyer is never a good idea, so inform the officer that you do not want to answer questions without an attorney present.
3. Hire criminal defense attorney: Contact a criminal defense lawyer right away to discuss your situation, understand your risks, and determine what next steps will serve your best interests.

Speak With a Kansas City Criminal Defense Attorney Before Answering Questions

Speak with a lawyer before talking to the police. We can help. Connect with the Kansas City attorneys of Joseph, Hollander & Craft. Our firm also has offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience. Let us help you protect your constitutional rights and interests in state or federal criminal proceedings.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Christopher M. Joseph

Christopher (Chris) Joseph represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts and in complex civil litigation. Chris leads the firm’s criminal defense, asset forfeiture, and judicial discipline practice groups. As JHC’s Managing Member, Chris embodies the firm’s motto: Ready for Anything.

Read More →

The post Risks of “Voluntary” Interviews With Law Enforcement appeared first on Home.

Facing a DUI arrest in the Kansas City Metro can be daunting. When you are arrested for a DUI in Kansas or Missouri, it triggers administrative actions that affect your driving privileges and the potential criminal case in court. Because Kansas City spans both states, the specific procedures can vary depending on where the arrest took place, but the overall process follows a similar path.

Once law enforcement arrests you on DUI charges, they begin a series of procedures, gather evidence, and set court dates. You should consult a Kansas City DUI defense lawyer from Joseph, Hollander & Craft if you are facing DUI charges. We can help you manage the process and ensure you make informed decisions after your arrest.

The Administrative Process for Kansas City DUI Defense Cases

The administrative process is separate from your criminal case and deals strictly with your driving privileges. This is a civil matter handled by the Department of Revenue (MO) or the Division of Vehicles (KS).

After your arrest, officers will administer a chemical test. If you fail or decline the chemical test, the officer will confiscate your license and issue a notice of suspension. You can submit a request for an administrative hearing. If you miss the short window of time to request a hearing, your license will be automatically suspended.

This hearing determines whether the arresting officer had the probable cause necessary to justify the stop and if the test was properly administered. The outcome determines whether your license suspension is upheld, modified, or set aside.

What if I Crossed State Lines?

In the Kansas City Metro, drivers commonly cross state lines. If you live in Kansas but were arrested in Missouri, you will face administrative actions from Missouri, which may be reciprocated by Kansas. The administrative proceeding is separate from the criminal court case, meaning you may have to address both matters independently.

The Process for Criminal Driving Under the Influence Cases in Kansas City

While the administrative track deals with your license, the criminal process determines legal penalties such as fines, probation, or incarceration. Kansas and Missouri have different penalty structures, but the procedural steps are generally similar across the metro.

The Criminal DUI Charges Are Filed

Prosecutors review the police report, chemical test results, and witness statements before formally filing Kansas City drunk driving charges. The weight of the charge depends on factors such as prior offenses, blood alcohol concentration (BAC), and whether any harm or property damage occurred.

The DUI Arraignment Occurs

The arraignment is your first court appearance. During this hearing, the judge explains the DUI charges and your rights. You enter an initial plea, while the court sets conditions of release and schedules future dates.

The DUI Pre-Trial Meeting Occurs

Pre-trial conferences allow both sides to exchange evidence and discuss possible resolutions. Your lawyer may challenge the legality of the stop, testing accuracy, or procedural errors. Your Kansas City DUI defense attorney can file motions to suppress evidence and weaken the prosecution’s case.

The DUI Trial Takes Place

If a plea agreement is not reached, the case goes to trial. Prosecutors must prove impairment beyond a reasonable doubt. The defense may present expert testimony, cross-examine officers, and dispute chemical test reliability. The verdict determines whether penalties are imposed.

The court process concludes with either an acquittal or a conviction. If you are found not guilty, the case ends without criminal penalties. If you are found guilty, the judge imposes a sentence based on statutory guidelines and case-specific factors. These may include prior offenses, BAC levels, presence of minors in the vehicle, accidents, or injuries.

A Kansas City DUI lawyer can guide you through both the criminal and administrative proceedings to minimize the overall consequences.

What Should I Do Immediately After I Am Arrested in Kansas City?

Knowing how to act in the hours and days following your Kansas City DUI arrest can significantly impact the outcome of your case. However, you need to act fast to protect your rights and driving privileges:

• Seek Legal Representation: Early legal involvement allows counsel to review reports, preserve evidence, and advise you before key deadlines pass. Immediate guidance can shape both administrative and criminal strategies.
• Request an Administrative Hearing: File the request promptly to fight license suspension. Requesting this hearing on time preserves your ability to contest the action and may extend temporary driving privileges.
• Evaluate Your Options: You and your DUI lawyer will evaluate whether to pursue dismissal, negotiate a plea agreement, or proceed to trial. Each option carries different legal and financial consequences.
• Build Your Defense: Defense preparation may include examining dashcam footage, breath test records, medical conditions, and field sobriety test administration. A thorough review can pinpoint weaknesses in the state’s DUI case.

A drunk driving attorney familiar with Kansas City-area state and municipal courts can use their knowledge of local judges, prosecutors, procedures, and diversion options to craft defense strategies. They can negotiate more effectively and position your DUI case for the most favorable resolution.

Contact Us to Build a Strong DUI Defense Against Criminal Charges with a Kansas City Metro DUI Lawyer

DUI proceedings move quickly and involve overlapping legal tracks, so timely legal guidance can potentially avoid a DUI conviction in Johnson County. Our Kansas City DUI defense lawyers at Joseph, Hollander & Craft have extensive experience managing hearing requests, negotiating with prosecutors, and advocating in court for clients, even in the toughest cases. If your driving privileges, financial exposure, and criminal record are at stake, contact our DUI attorneys for informed representation.

Reviewed by an Award-winning attorney at Joseph hollander & Craft

Carrie E. Parker

Carrie E. Parker is a criminal defense and civil litigation attorney located in Lawrence, KS. Ms. Parker represents individuals and businesses during the investigation and prosecution of criminal charges in federal and state courts. She also represents businesses and individuals in complex civil litigation and property holders seeking the return of assets seized for forfeiture. […]

Read More →

The post What Happens After a DUI Arrest in the Kansas City Metro appeared first on Home.