Establishing Paternity: Legal Rights and Responsibilities

What is Paternity in Kansas?

Under Kansas law, married couples assume the role of presumptive parents to any children they have. Unmarried couples, however, must pursue the legal establishment of paternity because the child’s father is not automatically considered the legal father. Establishing paternity grants the father legal rights to the child.

How is Paternity Established for Unmarried Fathers?

An unmarried couple can establish paternity in two ways. One way involves both parents signing a voluntary acknowledgment of paternity (VAP). Another is to have a judge adjudicate or decide the question of paternity after a lawsuit has been filed.

VAP Form

The simplest way to establish paternity is for the parents to sign a VAP form at the hospital at the time of the child’s birth. A VAP form may also be signed after birth at the office of a physician treating the infant. For this process, both parents must read, understand, and agree to the form, then sign and date the form with a witness present. After this occurs, the father’s name can be added to the birth certificate.

If the father chooses not to sign a VAP form at the time of the child’s birth, then his name will not be added to the birth certificate. If the father later decides to establish paternity, then the father and the mother must complete the Paternity Consent Form for Birth Registration. This form is available until the child turns 18 years old. However, a judge or hearing officer must also sign this form.

Both parents have the initial right to request genetic testing to ensure that a child is biologically related to the father. If a VAP is signed, both parents are agreeing that the proposed father is the biological father, regardless of DNA testing. This means that both parents agree to share and accept the financial responsibility of their child and that they have custodial and visitation rights that can only be repealed by a court of law.

A VAP form should not be signed if any of the following apply:

• The mother was legally married to a different man at the time of the birth or within 300 days of the child’s birth.
• The mother is separated from a different man but not legally divorced when the child is born.
• The man is unsure if he is the biological father.

Adjudication

Kansas law offers guidance on the establishment of paternity during the following situations:

• An unmarried mother seeks child support.
• The state seeks past due or current child support or reimbursement for medical debt.
• An unmarried father seeks to prove biological relation to the child to establish parental rights.

A paternity claim can be brought before a judge by the child, the mother, a government official, or the presumed father. The case will be heard in the district court of the county where the parties reside.

All parties have the option to settle the case or to go to trial. During a trial, a judge will decide whether the presumed father is the legal and biological father of the child. If a judge finds that the presumed father is the actual father, then a final paternity judgment will be issued, finalizing the establishment of paternity. The father’s name will then be added to the birth certificate. The court will also decide matters of financial obligations and custody arrangements.

Other ways a judge may decide paternity without the use of genetic testing include:

• Evidence of intercourse between the mother and presumed father during the period of conception
• The statistical probability of the presumed father’s paternity
• Genetic testing based on the statistical probably of the presumed father’s paternity
• Medical or other anthropological evidence that relates to the presumed father’s paternity based on testing
• Testimony, notes, or records from a physician regarding the circumstances of the pregnancy and the child’s condition or characteristics at the time of birth.
• Other evidence that is relevant to the issue of the paternity of the child

What is the Importance of Establishing Paternity?

Establishing paternity is important for the child, the mother, and the father for the following reasons:

Importance to the child:

• Establishes a relationship with both of the parents
• Receives financial help, shelter, and support from the father
• Gains access to medical insurance and other benefits
• Eligibility for Social Security and veteran’s benefits
• Leans of familial history
• Grants access to personal information, such as medical history and health concerns
• Eligibility for inheritance
• Ability to sue for harm or death on behalf of the father

Importance to the mother:

• Shares custody with the father
• Establishes child support arrangements
• Shares parental responsibilities and rights
• Shares financial obligations associated with the child’s care
• Allows for parenting time

Importance to the father:

• Shows care for the child
• Encourages participation in the life of the child
• Gains legal rights to the child
• Recognition as the legal father of the child
• Entitlement to seek custody or parental time
• Allows for the inclusion of the child in medical and other insurance coverage

What Rights and Responsibilities Come with Paternity?

Establishing paternity means that a father is acknowledging a legal obligation to a child. After paternity has been proven, child support and custody will either be discussed and agreed upon by both parents or determined by a judge. Legally, a portion of both parents’ income must be set aside for the child.

The State of Kansas uses several criteria to determine child support amounts, such as:

• The income of both parents
• The overall needs of the child
• The time spent with the child by each parent

Do I Need an Attorney?

When your child’s needs and interests are involved, you need reliable legal representation. Call Barnds Law LLC at 913-270-0505 or fill out a contact form for a consultation.