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IN RE MARRIAGE OF BURBANK

No. 76,874.

23 Kan. App.2d 602 (1997)

932 P.2d 466

In the Matter of the Marriage of KIMBERLY BURBANK, Petitioner, and GERALD BURBANK, Respondent/Appellee. JIMMIE HOLYFIELD, Third-Party Respondent/Appellant.

Court of Appeals of Kansas.

Opinion filed February 28, 1997.

Attorney(s) appearing for the Case

David W. Boal, of Boal and Jeserich, of Kansas City, for appellant.

No appearance by appellee.

Before Green, P.J., Gernon and ROYSE, JJ.

GERNON, J.:

This is an appeal by a paternal grandmother, Jimmie Holyfield, from a district court's ruling that the provisions of K.S.A. 1996 Supp. 60-1610(a)(4)(D)(iii) applied only to "proceedings" at the time of a divorce and not to a post-divorce custody proceeding.

Kimberly and Gerald Burbank were divorced in 1987. They had two minor children. The court entered a joint custody order, with Kimberly designated as the resident parent.

In 1994, the...

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