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How Does DNA Testing Work in Paternity Disputes?
DNA testing, also known as genetic testing, is a scientific method used to determine biological relationships. In the context of paternity disputes, it is used to establish whether a man is the biological father of a child. The process involves collecting and examining the DNA of the alleged father and the child.
The DNA samples are usually collected through a simple and painless procedure called a buccal swab. This involves swabbing the inside of the person’s cheek to collect cells that contain DNA. The samples are then sent to a laboratory where they are analyzed.
The DNA of the alleged father and the child are compared to see if they share a significant amount of genetic material. If the DNA matches at certain points, it is highly likely that the man is the biological father. If the DNA does not match, the man is excluded as the biological father.
What Are the Steps to Request a DNA Test in Kansas?
The process of requesting a DNA test in Kansas is straightforward. The first step is to file a Petition to Determine Paternity with the district court in the county where the child resides. This petition can be filed by the mother, the alleged father, the child, or even the state if the child is receiving public assistance.
Once the petition is filed, the court will schedule a hearing, where the judge will review the case and possibly order a DNA test. The court will provide instructions on where and when the DNA samples should be collected.
After the DNA samples are collected and analyzed, the results are sent to the court. The judge will then review the results and make a determination of paternity. If the DNA test results indicate a 97% or greater probability of paternity, the court will generally presume the tested man to be the biological father.
Can a DNA Test Be Requested After a Paternity Judgment in Kansas?
In Kansas, it is possible to request a DNA test after a paternity judgment has been made, but there are specific conditions that must be met. According to Kansas law, a man who has been declared the legal father of a child can challenge the paternity judgment within one year of the judgment being entered if he can show that the judgment was based on fraud, duress, or material mistake of fact.
In such cases, the court may order a DNA test to determine biological paternity. A DNA test indicating a man is not the biological father may not necessarily change the court’s original paternity ruling if maintaining it serves the child’s best interests.
What Are the Legal Rights and Responsibilities After a DNA Test?
Once paternity is established through DNA testing, the biological father gains certain legal rights and responsibilities. These include the right to pursue custody or visitation, the obligation to pay child support, and the right to participate in significant decisions impacting the child’s life, including education, healthcare, and religious upbringing.
In Kansas, the court evaluates various factors to decide on custody and visitation rights. These factors include the child’s bond with each parent, their adaptation to home, school, and community, and each parent’s willingness to foster the child’s relationship with the other parent.
While establishing paternity gives a father legal rights, it does not automatically grant custody or visitation rights. These must be determined by the court, always with the child’s best interests in mind.
What Happens If the Alleged Father Is Not the Biological Father?
In Kansas, if DNA testing reveals that the alleged father is not the biological father, he is typically relieved of any legal responsibilities towards the child. This means he would not be obligated to pay child support or have any legal rights to custody or visitation.
However, there are exceptions to this rule. For instance, if the man has acted as the child’s father and has established a strong emotional bond with the child, the court may consider him to be the child’s psychological or de facto father. In such cases, the court may decide that it is in the best interest of the child for the man to continue to have rights and responsibilities, even if he is not the biological father.
What Are the Costs of a DNA Test in Kansas?
The cost of a DNA test in Kansas can vary depending on the type of test and the laboratory that performs it. Home paternity test kits are not admissible in court. A legal DNA test, which can be used in court, typically costs between $300 and $500. This includes the cost of sample collection, laboratory analysis, and the preparation of the test report.
If a DNA test is court-ordered, the court may decide who is responsible for paying the cost of the test. In some cases, the cost may be split between the parties or paid entirely by one party.
How Can an Experienced Attorney Help in Paternity Disputes?
Navigating a paternity dispute can be a challenging and emotionally charged process. An experienced attorney can provide invaluable assistance by guiding you through the legal process, explaining your rights and options, and advocating for your interests.
An attorney can help you understand the implications of DNA testing, assist with the collection and submission of DNA samples, and represent you in court if the test results are contested. They can also help you understand how the establishment of paternity can impact child support and custody arrangements and ensure that your rights are protected throughout the process. They can help you navigate the complexities of the legal system and work towards a resolution that is in the best interests of you and your child.
If you are involved in a paternity dispute, call Barnds Law LLC today at 913-514-0909 for a consultation.
