In re Adoption of T.M.M.H. – Per Curiam, 307 Kan. 902

Background

Child (T.M.M.H.) lived largely with paternal grandmother (Grandmother); father died in 2007; mother later remarried (Stepfather).
Grandmother filed a grandparent-visitation action in 2008; later proceedings in that case produced an order referring to "joint legal custody" between Mother and Grandmother.
Stepfather filed a stepparent adoption petition in 2015; Mother consented; district court ordered notice to "interested parties, including Grandmother."
District court concluded Grandmother had notice rights but was not an "interested party" with standing to participate; Court of Appeals affirmed.
Kansas Supreme Court granted review, but affirmed on procedural grounds: Grandmother failed to establish statutory standing under K.S.A. 59-2401a and did not preserve sufficient record to show she met the statutory/common-law standing burdens.

Issues

Issue	Plaintiff's Argument (Grandmother)	Defendant's Argument (Stepfather/District Ct.)	Held
Whether Grandmother has standing to participate in stepparent adoption	Grandmother: her custody agreements, court orders, and long-term caregiving make her an "interested party" or a parent-equivalent entitled to challenge adoption	Stepfather/District Ct.: statutory definition of "interested party" does not include grandparents or custodians; Mother is fit and adoption statutes control	Held: No. Grandmother failed to establish statutory standing under K.S.A. 59-2401a and did not meet preservation/record burdens; appeal dismissed on procedural grounds
Whether common-law standing alone suffices in adoption context	Grandmother: common-law standing (sufficient stake/ injury) should permit participation	Stepfather/District Ct.: adoption is statutory; both statutory and common-law prongs must be satisfied	Held: Both statutory and common-law standing required; Grandmother did not satisfy statutory prong
Whether agreements/court orders ("joint legal custody"/parenting plans) made Grandmother a legal parent (or waived Mother's parental preference)	Grandmother: agreements and visitation-custodial order effectively made her a co-parent or de facto/psychological parent, invoking Frazier precedent	Stepfather/District Ct.: record is insufficient to show a knowing, voluntary waiver of parental preference or that agreements conferred parental status	Held: Court did not reach merits; record insufficient to find waiver or parental status and Grandmother failed to make prima facie showing
Procedural/record issues: preservation and admissibility of visitation-case records on standing	Grandmother: requested judicial notice of visitation-case records; submitted verified brief and some attachments	Stepfather/District Ct.: visitation-case materials were not made part of adoption-case record; appellate courts may not consider materials not in record	Held: Grandmother waived or failed to preserve key arguments; appellate record inadequate; trial court's denial of participation stands

Key Cases Cited

Browning v. Tarwater, 215 Kan. 501 (grandparent without statutory status is not an interested party in stepparent adoption)
In re Adoption of J.A.B., 26 Kan. App. 2d 959 (grandparents' participation in adoption limited to visitation determinations)
Frazier v. Goudschaal, 296 Kan. 730 (enforcement of co-parenting agreements; parental preference can be waived by parent in certain circumstances)
In re Adoption of H.C.H., 297 Kan. 819 (adoption jurisdiction is statutory)
In re T.S.W., 294 Kan. 423 (right to appeal is statutory)
Sierra Club v. Moser, 298 Kan. 22 (case-or-controversy and standing principles)
Cochran v. Kansas Dept. of Agriculture, 291 Kan. 898 (both statutory and common-law standing prongs apply when a statute supplies the basis for relief)
State ex rel. Secretary of DCF v. Smith, 306 Kan. 40 (acknowledgment-of-paternity interpretation and related dicta)
Sheppard v. Sheppard, 230 Kan. 146 (parental preference doctrine)
In re Marriage of Nelson, 34 Kan. App. 2d 879 (parental preference can be waived during proceedings)