Paternity
The issue of paternity can arise: (1) when a mother or the state seeks child support for a child born out of wedlock; (2) in a divorce or post divorce action when the mother or the presumed father seeks to prove or disprove paternity; or (3) a man not married to the mother seeks to establish his paternity of a child. Establishing paternity allows a child to obtain numerous benefits through the father such as child support, inheritance rights, and social security and disability benefits. Also, establishing paternity allows the father to seek custody or parenting time.
The law is that, absent a finding of unfitness, a natural parent has a paramount right to custody. An unwed father has a right to the custody of a child over third parties such as grandparents and stepparents. Kansas law protects fathers who have assumed parental responsibilities such as supporting the mother during the pregnancy and paying child support.
Generally, the court has broad discretion in determining custody child orders and the law lists many factors to consider. Each case is reviewed on its own facts according to the child’s best interests. neither the mother nor the father is preferred because of their gender regardless of the age of the child. In most cases, the parents agree on the type of custody that fits their circumstances and then present their agreement to the court for approval.
I offer experienced and compassionate legal services to clients throughout the Greater Kansas City area (Kansas only), primarily in Johnson, Wyandotte, Leavenworth, and Miami Counties. Please feel free to contact my office for a free initial consultation. I will discuss your case with you and let you know how best to protect your legal rights.
