How To Sign Over Parental Rights In Kansas? Quick Answer

Once a child is conceived, the father is and remains that child’s “biological parent”. The legal status of a child’s father is something completely different. Kansas law assumes that a man who is married to the mother is the “legal” father of the child. But what about unmarried couples? There further steps need to be taken to allow the biological father to assume the role of the ‘legal’ father. Below is a brief overview of how to determine paternity and why it is important.

Why Determination of Paternity? The Act imposes legal duties of care, support and placement on the legal parents of a child. Both legal parents are often happy to take on these obligations in the context of raising the child. However, a parent (or the state) may need to resort to a court order to compel a parent to discharge their responsibilities to the child. A prerequisite for these orders is the determination of paternity; without a natural person being identified as the legal father, there is no statutory maintenance obligation. This also applies if the father publicly claims to be the biological father. Paternity is a legal matter and must result from due legal process.

Being a father does not only have negative consequences. Many fathers may wish to establish paternity to ensure they have the right to raise their children. Establishing paternity allows a father to obtain a court order to have access to his children when the other parent is trying to limit that time. In fact, the non-paternity mother could even put the child up for adoption without telling the father. He must have the legal status to have a say in how his children are cared for. Finally, if the father suddenly died intestate, the unpaterned child could not receive anything from his estate. To put it simply: without secure legal paternity, the law treats father and child as strangers.

How is paternity determined? Paternity can be determined in a number of ways. As mentioned above, a child born during a marriage is presumed to be the husband’s child. This is the only case where paternity of the father is established automatically. For unmarried couples, there is no presumptive relationship with any father, no matter how much he poses as a father. The biological mother is – for obvious reasons – always determined automatically. Establishing paternity outside of that presumption is governed by Section 23-2207.

The first way to establish paternity under Section 23-2207 is also the most common: signing a paternity acknowledgment form. Kansas law requires that an official birth certificate be presented for every baby born in Kansas. The mother’s name will automatically appear on the form she has to sign. In order for the father’s name to appear, he must also sign a form acknowledging his paternity. The hospital generally provides both forms to the father, and most fathers are willing to acknowledge paternity. The easiest way to think of these forms is like any other contract: the father signs the benefits of raising and educating the child, but he does so at the expense of assuming a legal obligation to care for the child throughout his life. It is important to note that revoking this recognition is very difficult and must be done within one year of the birth of the child. And traditional contract defenses, such as B. failure to understand the obligations cannot be applied to these forms, as the Kansas Supreme Court recently pointed out in State ex rel. Gafford vs Smith.

If paternity is not voluntarily acknowledged, it can be “forced” on the father by court order. Up to the child’s 21st birthday, anyone acting on behalf of the child can apply to the court for a determination of paternity. The state can also bring this type of claim if the state is paying for child support (but only while the child is a minor). Generally, these petitions also request child support or reimbursement of government debt incurred to support the child. Once the petition is filed, discovery begins and ultimately the matter is decided through a settlement or trial.

Section 22-2213 controls evidence for this process. Evidence today is largely driven by pieces of science, including genetic testing and testimonies from doctors. Traditional evidence is still presented, including how the father asserts himself to others in relation to the child’s relationship and evidence that the father had intercourse with the mother during the appropriate period of time. Section 23-2212 allows the court to compel all parties (mother, child and alleged father) to undergo DNA testing, which is typically a cotton swab test rather than a blood draw. While this genetic test is very important, it is not necessarily conclusive. For example, the mother in Guth v. Wagner simply presented an over-the-counter DNA test (to save money and without legal advice) showing Wagner as the father. However, the court declined to believe the test, as he himself stated that it was imprecise, uncontrolled test conditions and the mother’s inability to explain how the test worked.

Establishing paternity is a very important step in raising a child. Establishing paternity early and fully understanding the implications of this is important. Due to the stark difference between the status of biological father and legal father, courts are generally unwilling to reverse acknowledgments of paternity without truly scandalous circumstances. On the other hand, a father who fails to establish paternity may find that he is being pushed out of the child’s life altogether or has no say in his child’s upbringing. It is important to speak to an experienced attorney about these issues before they arise. Planning for the worst can prevent highly controversial paternity suits later. As the saying goes, an ounce of prevention is worth a pound of cure.

Learn more about when courts consider a child’s custody preference.

In the United States, 35% of parents with minor children are no longer a couple. For this reason, more and more parents are faced with the question of custody arrangements.

There is more to a child’s custody decision than one parent’s preference over the other parent’s—courts in most states must also consider the child’s views on custody.

This article explains how a child’s preference affects child custody in Kansas. If, after reading this article, you have additional questions about the implications of a child’s custody preference in Kansas, you should consult with a local family law attorney.

understand custody

The goal of any custody case in Kansas is for the judge to assign the rights and responsibilities of the parents. (Can. Stat. Ann. § 23-3213.) The court will review each case and determine which parent will be responsible for making decisions about the child (custody) and where the child will reside throughout the year (residence). (Can. Stat. Ann. § 23-3207.) Parents may share both types of custody (joint) or responsibility may remain with a single parent (single). (Can. Stat. Ann. § 23-3206.)

Parents should work together to create a parenting plan that protects the child. A parenting plan should indicate how the parents intend to share legal custody, residency, and parental leave. (Can. Stat. Ann. § 23-3211(b).) If so, the court will allow it in principle, but it must protect the best interests of the child. (Can. Stat. Ann. § 23-3202.)

Overview of custody decisions in Kansas

If the parents cannot agree (or if the agreed arrangement does not benefit the child), the court steps in and decides on custody. In any case, the judge begins with the assessment that both parents have equal rights in caring for the children. In other words, the court does not consider that a parent is better for the child because of the sex or age of a parent or child. (Can. Stat. Ann. § 23-3204.)

Perhaps the most important consideration in any custody assessment is whether the arrangement is in the best interests of the child. To determine what is best, the judge must consider several factors, including the following:

the time that a person other than the parent had custody

the parents’ desire for custody or residence

the age of the child

the child’s preference when the child is old and mature enough to express an opinion

the child’s emotional and physical needs

the child’s relationship with parents, siblings and other people in the household

the child’s home, school and community register

each parent’s willingness and ability to respect and value the bond between the child and the other parent

the desire of each parent to allow an ongoing relationship between the child and the other parent

whether there is evidence of domestic violence in the family

parents’ ability to communicate, collaborate and fulfill parental responsibilities

the child’s school activity plan

Work schedule of each parent

the place of residence and place of work of each parent

the location of the child’s school and

whether a parent is a convicted child abuser or sex offender or is living with a convicted sex offender or child abuser. (Can. Stat. Ann. § 23-3203.)

If a parent is a registered sex offender, the court makes a rebuttable presumption that it is not in the child’s best interests for that parent to have custody or residency of the child. (Can. Stat. Ann. § 23-3205.)

For more information on child custody decisions in Kansas, see Kansas Child Custody Laws.

Visit for non-custodial parents

If the court grants one parent sole residence, the court will establish an appropriate parenting schedule for the child and the other parent. The child needs to enjoy time with both parents, and a typical schedule may involve the child alternating between spending weekends and holidays with the other parent, as well as longer visits during school and summer vacations.

However, under Kansas law, parents have a right to parental (visiting) leave with children unless the court determines that time with the parent endangers the child’s physical, mental, moral, or emotional health. (Can. Stat. Ann. § 23-3208.) As an alternative to denying parental visitation, the court may allow visitation, but with limitations. For example, if a parent has a history of drug or alcohol addiction, the court may require the parent to attend rehabilitation before allowing the child to spend time with the parent.

It is a common misconception that older children can refuse to visit a noncustodial parent. On the contrary, until the child turns 18, the custodial parent must follow the visitation order and send the child to visit. The only exception is when the parent believes the child is in imminent danger.

It is not enough to say that circumstances have changed. Instead, the requesting parent must provide the court with facts to demonstrate that a change is in the best interests of the child.

When does the court consider a child’s preference?

The judge will consider a child’s preference if the child is sufficiently old, mature, and understanding. However, there is no specific age at which a child can choose to live with one parent or the other. Instead, the judge decides on a case-by-case basis whether a child is old and mature enough to express an opinion. For younger children, courts may speak with children to determine their maturity before considering the child’s preference in the custody decision.

Judges try to determine the reasons for a child’s preference before deciding how much weight to give in the custody decision. For example, parents can easily influence a child with gifts, attention, guilt, or other emotions. In addition to age and maturity, judges consider factors such as the child’s relationship with each parent, the strength of preference, and hostility towards one parent or the other.

Courts will give greater weight to a child’s preference if the child bases it on factors consistent with the child’s best interests. Judges will ignore the child’s preference if the child does it on a whim, passing anger at a parent, or superficial reasons like gifts or lax discipline.

Judges also try to ensure that the child’s preference is not the result of a parent’s upbringing or brainwashing. If the court finds that someone has pressured a child to choose a parent, it can appeal against that parent in the judge’s custody decision.

The child’s preference is rarely the determining factor in a custody case. The law requires the courts to consider the child’s preferences along with all other custody factors. If the child’s opinion does not protect the best interests of the child, the judge will not hesitate to award custody to the other parent.

Do children have to testify in court about their custody preferences?

The courts in Kansas prefer not to allow minor children to testify in court about their custody preferences. Many children already feel responsible for the separation of their parents, and when they are publicly asked to choose between their parents, the problem is exacerbated.

To minimize the impact on the child, judges interview minors in court chambers. The court will question the child about their views on custody, residency, visitation and parental leave. The judge sometimes allows the parents’ attorneys to be present at the hearing, but it always takes place outside of the parents’ presence. At the request of a parent, the court clerk will record the conversation. (Can. Stat. Ann. § 23-3209.)

In some cases, the judge will appoint an investigator to prepare a report on an appropriate custody settlement. The investigator meets with both parents, the child, and anyone else who may have information about the child and possible custody arrangements. The investigator will discuss custody preferences with the child and include the child’s views in the custody report. Attorneys may also question the investigator in court about the child’s preference. (Can. Stat. Ann. § 23-3210.)

When can I change custody or parental leave?

Over time, it is normal for circumstances to cause current custody arrangements to become invalid or unreasonable. However, the law favors stability for children, so changing custodial parents or other aspects of custody is not an easy task. But it’s not impossible.

If a parent believes that a custody order is no longer appropriate, that parent can make a formal request (application) and ask the court to review it. If you apply to the court for a change in custody (statutory or residential), you must show that there has been a material change in circumstances since the last order. (Can. Stat. Ann. § 23-3218.)

It is not enough to say that circumstances have changed. Instead, the requesting parent must provide the court with facts to demonstrate that a change is in the best interests of the child. If the court agrees, the judge will create a new custody order using the factors discussed above. (Can. Stat. Ann. § 23-3219.) If one parent repeatedly refuses to visit or interferes with the other, the court may consider this sufficient cause to change custody or parental leave. (Can. Stat. Ann. § 23-3221.)

If you want the court to change your visitation (parental leave) arrangements, all you have to do is show the court that a change is in your child’s best interests.

If you have additional questions about the impact of child custody preferences, contact a Kansas family law attorney for help.

21-5605. abandonment of a child; difficult abandonment of a child. (a) Abandonment of a child is leaving a child under the age of 16 in a place where that child is suffering because of the neglect of the parent, guardian or other person entrusted with the care and custody of that child can, if done with the intention of abandoning such a child.

(b) Aggravated abandonment of a child is abandonment of a child, as defined in subsection (a), that results in major physical harm.

(c) (1) Abandoning a child is a category 8 personal crime.

(2) Aggravated abandonment of a child is grade 5, personal crime.

(d) No parent or other person who has legal custody of a child shall be prosecuted for a violation of subsection (a) if such parent or other person has legal custody of a child in the K.S.A. 2012 replenishment. 38-2282 and amendments thereto, and if the child has not suffered physical harm.

(e) A person who violates the provisions of this section may also be prosecuted, convicted and punished for any form of bodily harm or manslaughter.

About 36.4 percent of children in Kansas are born to unmarried mothers, according to the National Center for Health Statistics. Since you were never married to your child’s other parent, this can lead to legwork of legal work if you want to assert child custody or visitation rights. If you live in Kansas and are trying to work out a child custody arrangement but have never been married to the other parent, it is important that you consult with an experienced Kansas child custody attorney for proper guidance.

For more than 20 years I have provided outstanding legal services and strong representation in divorce, paternity and child custody matters. As a knowledgeable family law attorney, I will help you understand everything related to custody and visitation rights for unmarried fathers in Kansas. I can give you the detailed guidance and advocacy you need to establish paternity.

Rundberg Law, LLC is proud to serve clients in Overland Park and the surrounding communities of Johnson County, Kansas.

Understand custody for unmarried parents

In Kansas, if a child is born to an unmarried mother, the mother has sole custody. However, as a biological father, you have the right to request custody or contact with children. As with all custody decisions, the court will seek to promote the best interests of the child. In most cases, the court assumes that the child benefits from the participation of both parents.

determine paternity

For fathers who are not married to their child’s mother, establishing paternity as the child’s legal and biological father is the first step in exercising your rights. This usually involves signing and filing an acknowledgment of paternity with state court. The determination of paternity in Kansas for unmarried fathers is governed by Kansas Statutes 23-2207. In disputed cases, a DNA test may be required to confirm paternity.

A paternity suit can be brought when a father attempts to establish paternity. Any person acting on behalf of the child can file a paternity petition with the court before the child turns 21. The steps to filing an application with the court include:

Fill out court forms

Have your attorney review the forms

making duplicates

Submission of your forms to the court clerk

Delivery of your papers to the other parent

Other problems

After paternity has been determined, there may be other issues that both parents must agree on before custody of the child can be determined. These include:

Deciding which school the child will attend

Choosing a surname for the child

Deciding who will claim the child as dependent

Other problems that can arise are the desire for a stepparent to be able to adopt the child and the possibility that the biological parents live in different states.

If the parties cannot agree on a parenting agreement or can resolve additional issues, assistance may be sought from the court. The advice of an experienced family law attorney can help you understand the process and provide you with the guidance you need.

How a Custody Attorney Can Help

When an illegitimate child is born, establishing paternity can be complicated. Filing an acknowledgment of paternity with the court and negotiating a parenting agreement can make the process difficult and stressful. Fortunately, an experienced Kansas divorce attorney can provide you with the comprehensive guidance you need.

As your legal counsel, I will work with all parties to help negotiate a fair parenting agreement, including custody and visiting hours, and advise you on your options when making important decisions about your child’s future and well-being. I can help you file a paternity suit in the Kansas court and provide you with the detailed legal advice and advocacy you need during this time.

Experienced Custody Attorney in Overland Park, Kansas

If you are trying to negotiate a custody agreement but have never been married to your child’s other parent, call Rundberg Law, LLC today to schedule a free counseling session. I’m going to help you understand everything you need to know about unmarried father custody in Kansas and give you the detailed legal guidance you need. Based in Overland Park, my law firm prides itself on serving clients in the surrounding communities of Johnson County, Kansas.

It’s an unfortunate truth that many children grow up with only one parent in the picture. While this situation has myriad emotional implications, it also creates legal issues for the caring parent. I believe it is imperative for a parent raising alone due to an absent parent to apply for a sole custody order to avoid these legal issues, as I will discuss below.

1. Why you need a custody order when the other parent is absent

Many people think the last person who needs a custody order is a parent whose ex-partner is absent because they don’t have to worry about the other person. However, this thinking is wrong. Here are some reasons why a custody order is required:

School Permit: Many schools require that in the absence of a custody order, both parents must sign a permit allowing the child to attend certain events at the school. Schools sometimes waive this requirement if they know a parent is absent, but this is not always the case. Many schools require a custody order, so it’s better to have one on hand before the problem arises, and you’ll have to wait months to get your order.

Bureaucratic Requirements: You cannot obtain a passport for your child to travel outside of the United States without a custody order or permission from both parents. Some countries will not even allow a child with a passport to travel abroad without a court order or permission from both parents.

Return of an absent parent: What happens when an absent parent returns and wants to be part of the child’s life? In the absence of a custody order, the formerly absent parent named on the child’s birth certificate has the same rights and access to the child as the custodial parent. The ramifications of this situation are far-reaching – it may take your child time to reestablish a relationship (or even an initial relationship) with the formerly absentee spouse, or in the worst case – the absentee spouse may pick up your child from school and elope with them. It is much better to have a custody order to prevent such scenarios. The formerly absent parent would then have to apply to the court to put in place a visitation plan that commits to restoring a relationship with the child in the appropriate circumstances.

2. How do I get a custody order when the other parent is absent?

Since you don’t know where the absent parent is – whether it’s because they’ve moved and haven’t given you an address, they’re hiding from you on purpose, or they’re in a bad situation, e.g. B. because he’s temporarily transient through medication – you can’t serve them an order to appear in court to hear your custody petition. You must therefore apply to the court to declare the absent parent absent and appoint an attorney (called the “curator”) to try to locate them and appear on their behalf at the hearing on your application. Upon appointment, the Trustee will place a notice in the local newspaper of the absentee’s last known location and mail a certified copy of your petition and the date of the hearing to the last known address. Sometimes the absent parent is found and hires an attorney to represent them at the hearing. Most of the time, the absent person is not found or simply ignores the paperwork sent by the curator.

At the custody hearing, you will provide testimonies about the absent parent’s absence, the absentee parent’s timetable for parenting, if any, and your reasons for seeking sole custody. The trustee will inform the court of their efforts to find the absent parent, may ask you some questions about your testimony, and will finally tell the court if he or she has any objections to your custody request (in most cases, the trustee has no objection ). The court will then decide on your custody request and issue an order.

3. How do I apply for custody when the other parent is absent?

The process of applying for custody in the absence of the other parent is complicated and we advise you to consult an attorney during this process. A family law attorney with experience in child custody cases where one party is absent can help you navigate the process. If you require a custody warrant and the other parent is missing, call Attorney Tracy Rotharmel Shanks at 504-509-5000 for more information on how to proceed.

A client asked: At what age can the child legally decide for themselves whether they want to maintain contact with the other parent?

Answer: There is no set age in South African law at which a child under 18 can make a decision. Children’s Act 38 2005 states that if the court is satisfied that the child is mature enough to make his own choice and is not being influenced in his choice by, for example, his parents, the court will take his choice into account.

When deciding whether to take the child’s wishes into account, the court will take into account the child’s age, maturity and developmental level, sex, origin and other relevant characteristics.

Section 10 of the Children Act ([a38y2005s10], dealing with child involvement) provides that: “Any child of sufficient age, maturity and developmental capacity to be able to take part in all matters concerning that child concern has the right to participate in an appropriate manner and the views expressed by the child must be duly taken into account”.

Factors considered include (but are not limited to):

The child’s age

The gender of the child

The amount of contact the child has had with each parent over the course of their lifetime.

The historical record of how each parent fulfilled a parental role (the amount of love shown, as well as any history of cruelty or neglect on behalf of either parent).

The child’s own testimony.

The child’s feeling of being wanted and held securely.

The child’s emotional, physical, moral and religious well-being.

The housing and environment each parent can provide for the child, including the educational facilities available.

In special circumstances, a court may consider a child of 10 years of age to be sufficiently mature to make a meaningful contribution to decisions about his or her welfare.

The welfare of the child is paramount. NOT the child’s decision.

The test is set out in Section 9 of the Act (Best interests of the child paramount): “In all matters involving the care, protection and welfare of a child the standard that the best interests of the child is paramount shall be applied” .

Here is a very useful article on participation:

http://children.pan.org.za/sites/default/files/publicationdocuments/Children%27s%20participation%20Topical%20guide.pdf

6 minutes read

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At what age can a child decide?

There is no fixed age in the law that determines when a child can express their desire to live in an apartment. Legally, however, a child cannot decide who to live with until they are 16 years old.

Once a child turns 16, the law allows them to choose which parent they want to live with. The exception to this is when there is a court order (e.g. an order ordering children) that says they should live with one parent until, say, 17 or 18 years of age.

If you can come to an agreement with the other parent and your child, it can help avoid costly and lengthy court cases.

However, if you cannot agree on where your child will live and an application is made to the court, the judge will begin to consider your child’s wishes and feelings from the age at which he or she presumes that he/she will be situation understands. This is usually around the age of 12 or 13 but depends on the child and other issues such as learning difficulties or disabilities.

The wishes of a child under 12 may also be considered, but the court is likely to give these less weight.

What if the parents don’t agree?

If you and the other parent cannot agree on who your child should live with, the first step should be to consider dispute resolution services. Mediation or negotiation involves working with a qualified professional to discuss the various issues and try to reach an agreement that all parties are happy with.

If mediation or negotiation is unsuccessful (or if it is inappropriate – for example when it comes to protection issues), an application can be made to the court.

When you go to court, a judge will decide where your child should live, taking into account the child’s best interests and their own wishes and feelings (depending on their age, as discussed above). They will create a Child Arrangements Order detailing who the child will live with and a schedule of contact between the child and the non-resident parent.

A Child Arrangement Order normally remains in effect until your child is 16 years old, although it can be extended until the age of 17 or 18.

Does the mother always have more rights than the father?

It is commonly mistaken to believe that mothers have more legal rights than fathers, and the court will automatically take the mother’s side in disputes involving children. Married or single, if the child was born after December 1, 2003 and you are named on the child’s birth certificate either at the time of birth or later, you have equal parental rights.

If a father is not named on the child’s birth certificate, he has no parental responsibility. This can be achieved in two ways:

By agreeing with the mother and entering into a parental responsibility agreement, or by applying to the court for a parental responsibility order.

It is important to be aware that without parental responsibility, the father will not consent to the child’s medical treatment or ask questions about important decisions such as child care. B. relocation or choice of school, can clarify.

What factors do courts consider when making decisions?

There are no hard and fast rules for deciding residency and contact issues, and as we have seen, the court may consider a child’s wishes and feelings.

The primary concern of the court is the best interests of the child and what accommodations best meet their needs. In reaching its decision, the court will take into account the welfare checklist as provided for in the Children Act 1989:

The child’s age

how mature they are

Whether the court believes their views were influenced by a parent or another person

Whether the child understands the implications of their views

Whether the child has considered their decision or whether they have expressed an opinion in the heat of the moment

Whether the child was able to explain the reasons for their decision

The court will also consider how important the questions are. For example, a child’s views on less important aspects of his upbringing may outweigh more important decisions about where he lives, goes to school, and with whom he interacts.

Once the court has decided whether and to what extent the child’s views should be taken into account, it will consider the other factors in the welfare checklist.

You can then decide if what the child really wants is for the best and if it meets their needs.

The court orders available

If you cannot agree on which parent you want your child to live with, you can apply for a court decision.

After considering all reasonable factors (and your child’s wishes and feelings, if applicable), the court may issue an order to dispose of the child.

Child Arrangements Orders replaced Residence and Contact Orders in April 2014. They usually state where the child should live, who they should have contact with and when.

The court may order “common domicile” under a child placement order. Here your child spends a certain amount of time with one parent and a certain amount of time with the other. It’s important to remember that “shared” in this case doesn’t necessarily mean equal time.

What if the other parent doesn’t return the child?

If there is no order, a parent has not broken the law by not returning a child after contact, provided that parent has parental responsibility. Although the police can verify that your child is safe, they are unlikely to interfere in the situation.

If you cannot resolve the issue with the other parent, you can consider mediation or negotiation to resolve the dispute. If the issue is still unresolved, you may need to go to court to either seek an order or enforce an existing order (if any).

If you have concerns about the well-being of your child and they have not been returned by the other parent, you may be able to apply for an Emergency Child Arrangements Directive.

What is parental responsibility?

Section 3 of the Children Act 1989 defines parental responsibility as “all the rights, duties, powers, responsibilities and powers which a parent of a child has by law in relation to the child and his or her property”.

Parental responsibility usually lasts until the child is 18 years old. It gives someone the right to make important decisions about the care and upbringing of the child, such as:

The child’s name

The medical treatment that the child should or should not receive

The religion the child should practice

Where the child should go to school

Where the child should live

Whether the child should move abroad

New regulations for dealing with the assets and finances of the child

All mothers automatically have parental authority, as do fathers who are married to the mother at the time of the birth or who are on the mother’s birth certificate. Fathers can also acquire parental responsibility through a voluntary agreement with the other parent or through courts.

Learn more about What is parental responsibility?

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When can parental responsibility be lifted?

Most people ask how to take parental responsibility. But what if you want to end the other person’s responsibility? This question typically arises when a parent is estranged from the child or when the child’s well-being is at risk.

Parental responsibility can only be lifted by the court. This usually only happens when a child is adopted or the father’s behavior justifies the removal of parental responsibility. However, since the Children Act 1989 was passed, there have only been three cases dealing with the latter issue.

The circumstances must be exceptional for a court to waive parental responsibility. The reported cases are as follows.

case one

In 1995, a father who had been granted parental responsibility by entering into a formal agreement was stripped of parental responsibility by the court when he was sentenced to prison for causing serious injury to a child. The court concluded in this case that the father had enforced his parental responsibility and that it would never have awarded parental responsibility had an application been made.

case two

In 2013, a father’s parental responsibility for his son was ended after he was convicted of sexually abusing his son’s stepsisters. The court held that while there had been a bond and bond between father and son in the same household, this had been undermined by the father’s abuse of the stepsisters. There was no contact between father and son during detention and the son expressed the wish not to have any further relations with his father. The child’s initial needs and the risk of future harm to the child, as well as the mother’s burden of giving information about the child to the father against the child’s will as a result of his parental responsibility, led the court to conclude that his parental responsibility should To get picked up.

case three

In another case, also in 2013, the father had committed numerous violent crimes, including against the mother, who left her with lasting consequences. The child, who had complex needs, had witnessed the father’s violence against the mother. At that hearing, the father was serving a prison sentence for GBH and chose not to participate in those proceedings other than to write to the court to say that he had not opposed the mother’s motions, which included an order ending his parental responsibility. The court found that the father had shown a lack of commitment to the child and his main interest was in controlling the mother.

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What about married fathers?

The law does not allow a court to remove parental responsibility from a father who was married to the mother. However, it may issue orders restricting the father’s exercise of parental responsibility if this is deemed necessary to protect the best interests of the child.

Should you require further information on the subject of parental responsibility, our family law attorneys are happy to provide you with a free initial enquiry.

Many mothers see themselves as single parents. Many of these mothers will not legally be single parents as they may share parental responsibility for their child.

As a Cheshire children’s advocate, parents often ask me how they can gain or lose parental responsibility for their child. In this blog I answer the question “Can a father lose parental responsibility over his child?”

Children’s Advocates in Cheshire

If you have a question about parental responsibility or are unable to agree on custody and access and would like to make a claim in court, the experienced team of child advocates at Holmes Chapel and Evolve Family Law Solicitors in Whitefield can help. Call us on 0345 222 8 222 or contact us online or email me at [email protected]

Mothers and Parental Responsibility

Mothers automatically have parental responsibility for their child, so parents usually want to know:

Regardless of whether a father has parental responsibility for his child in the event of separation or divorce; and

If a father has no parental responsibility for a child, how can he have it; and

If a father has parental responsibility for his child, whether he can be made to relinquish his parental responsibility.

What is parental responsibility?

It is important to understand what parental responsibility means, to know if you should have it or if you need it and if parental responsibility can be lost.

Parental responsibility is the duties and responsibilities that a parent has for a child. When a parent has parental responsibility for their child, they will:

To have a say in the upbringing of their child and in important parental decisions, e.g. B. if the child is to change schools, move abroad or change religion;

have a right to receive certain information, such as B. School reports and copies of medical records; and

Having the ability to consent to matters on their child’s behalf, e.g. B. agreeing to the medical treatment of a young child.

Who has parental responsibility for a child?

To know if you can petition the court to have the other parent lose parental responsibility, you first need to know who has parental responsibility and how to obtain it.

A person has parental responsibility for a child if they:

The Birth Mother;

The adoptive parent of a child;

The father of a child who is or was married to the child’s mother; If the child was born after December 1, 2003 and the father is named on the child’s birth certificate; has entered into a parental responsibility agreement with the child’s mother; Has a custody order.

caring for a child within the framework of a residence permit;

Parents through a surrogacy agreement and have a parental arrangement;

A step-parent of a child who has a parental responsibility agreement or court order.

How do you get parental responsibility?

If you do not automatically have parental responsibility for your biological child, you can obtain parental responsibility by:

signing a parental responsibility agreement with the mother;

Application for an order of parental responsibility to the court.

How can a mother lose parental responsibility?

A mother can only lose parental responsibility for her child if the child is adopted.

How can a father lose parental responsibility?

If an unmarried father has been granted parental responsibility by agreement or court order, the court may be asked to remove parental responsibility for the child from him.

The court will only terminate a father’s parental responsibility if the circumstances are exceptional and the termination of parental responsibility is in the best interests of the child.

Application for withdrawal of parental authority

Applications to the court to remove a father’s parental responsibility are rare, as the court has stated that they will only remove a father’s parental responsibility in exceptional circumstances. The court does not terminate parental responsibility if:

The child does not want contact; or

The father will not see the child; or

The father does not pay child support; or

The father plays no role in the child’s life and has “disappeared from the scene”.

Behavior to end parental responsibility

The Court has always said that conduct justifying the termination of a father’s parental responsibility must be extraordinary or extreme. Being an absentee or inconsistent father is not considered extraordinary or extreme.

A recent case resulted in a father losing parental responsibilities. The Supreme Court made the decision after hearing the father call his autistic son “retarded,” using his parental responsibility to delay medical treatment for the child, and the mother’s neighbors using unpleasant words towards the child had pointed out. The court held that continued behavior of this kind would harm the child.

Can a father lose parental responsibility for his child?

To answer the question, yes, a father can lose parental responsibility for his child. However, this type of court case is very rare and generally it is better for parents to focus on resolving the day-to-day practical issues of raising children after a separation or divorce. This may involve co-parenting or a mainly absent father who is frustratingly wanting in and out of the child’s life.

Although the court does not usually remove parental responsibility from a father, there are various orders judges make to protect children, such as: These types of children’s rights regimes do not go as far as removing parental rights, but they can severely limit the role a father can play in a child’s life, provided it is in the child’s best interests that the father’s involvement in the life of the child is restricted.

You may also be interested in: How do you remove parental responsibility from a father? 10/22/2020 Reading time 7 minutes Do I have parental responsibility for my child? 08.06.2020 Reading time 11 minutes

Children’s Advocates in Cheshire

If you are concerned about parental responsibility or need a parental responsibility agreement or arrangement, or help with arranging custody and contacting the expert team of child solicitors at Holmes Chapel and Evolve Family Law Solicitors in Whitefield help. Call us on 0345 222 8 222 or contact us online or email me at [email protected]

If you are an unmarried father in Kansas, you do not have an automatic statutory paternity right. You therefore have no legal rights to your child, even if you have lived with the mother for a long time. If you and the mother end the relationship, you have no authority over the care of your child or visitation rights.

Here’s more information about fathers’ rights and steps you can take to establish them firmly in Kansas.

paternity determination

When a couple is married, the husband is assumed to be the legal father of any children born during that marriage. The same applies to all children born within a certain period of time after a divorce or separation. However, in order to firmly establish your paternity rights as an unmarried father, you must take the following steps.

Sign a voluntary acknowledgment of paternity

When your child is born, both you and the mother of your child receive a voluntary acknowledgment of paternity. You and the child’s mother must sign this form along with a witness. After that, you are the legal father of the child. Normally no further action is required. Your name will appear on the child’s birth certificate.

Ask the court to make a decision

If you do not sign the voluntary acknowledgment of paternity, or if the mother does not agree to sign it, you can file a paternity suit with the court. This often involves a genetic paternity test to determine paternity with certainty. The court may also use additional means to determine paternity on a case-by-case basis.

Parental rights for same-sex parents are more complicated, even if the couple is legally married. The courts are still in the process of clarifying the specific issues in these cases.

paternity benefit

Parents and children all benefit from a secure legal determination of paternity. Here are some examples of the benefits of legal paternity.

decisions on the right to the best interests of the child

You have the legal right to help make decisions about your child’s health, schooling, and other important life decisions. Without a statutory paternity claim, you have no legal right to know or make decisions about the care of your child.

The right to child support

You can apply to the court for child support from the child’s mother, especially if you have custody. It can also request support from you. This ensures that the material needs of the child are met.

The right to partial or full custody

Without proof of paternity, the mother receives sole custody of the child. However, if you prove your paternity, you have the right to apply for partial or full custody of your child. The judge decides according to your possibilities and your life situation.

Visitation rights

If you cannot get custody of your child, you have the right to apply to the court for a visit. You and the mother will reach an agreement with the court about the times and conditions of these visits.

The court may also require couples to draw up a parenting agreement that spells out the rights and responsibilities of each parent. This very detailed plan often includes issues such as religious expectations and life circumstances. A mediator may be needed if you cannot agree on a parenting plan.

If you are an unmarried father, you do not have automatic paternal rights or access to your child in Kansas. If you and the mother cannot mutually establish paternity, you may need to take legal action. Hoffman & Hoffman attorneys can help you with family law and court matters. Contact us as soon as possible for a consultation.

About 36.4 percent of children in Kansas are born to unmarried mothers, according to the National Center for Health Statistics. Since you were never married to your child’s other parent, this can lead to legwork of legal work if you want to assert child custody or visitation rights. If you live in Kansas and are trying to work out a child custody arrangement but have never been married to the other parent, it is important that you consult with an experienced Kansas child custody attorney for proper guidance.

For more than 20 years I have provided outstanding legal services and strong representation in divorce, paternity and child custody matters. As a knowledgeable family law attorney, I will help you understand everything related to custody and visitation rights for unmarried fathers in Kansas. I can give you the detailed guidance and advocacy you need to establish paternity.

Rundberg Law, LLC is proud to serve clients in Overland Park and the surrounding communities of Johnson County, Kansas.

Understand custody for unmarried parents

In Kansas, if a child is born to an unmarried mother, the mother has sole custody. However, as a biological father, you have the right to request custody or contact with children. As with all custody decisions, the court will seek to promote the best interests of the child. In most cases, the court assumes that the child benefits from the participation of both parents.

determine paternity

For fathers who are not married to their child’s mother, establishing paternity as the child’s legal and biological father is the first step in exercising your rights. This usually involves signing and filing an acknowledgment of paternity with state court. The determination of paternity in Kansas for unmarried fathers is governed by Kansas Statutes 23-2207. In disputed cases, a DNA test may be required to confirm paternity.

A paternity suit can be brought when a father attempts to establish paternity. Any person acting on behalf of the child can file a paternity petition with the court before the child turns 21. The steps to filing an application with the court include:

Fill out court forms

Have your attorney review the forms

making duplicates

Submission of your forms to the court clerk

Delivery of your papers to the other parent

Other problems

After paternity has been determined, there may be other issues that both parents must agree on before custody of the child can be determined. These include:

Deciding which school the child will attend

Choosing a surname for the child

Deciding who will claim the child as dependent

Other problems that can arise are the desire for a stepparent to be able to adopt the child and the possibility that the biological parents live in different states.

If the parties cannot agree on a parenting agreement or can resolve additional issues, assistance may be sought from the court. The advice of an experienced family law attorney can help you understand the process and provide you with the guidance you need.

How a Custody Attorney Can Help

When an illegitimate child is born, establishing paternity can be complicated. Filing an acknowledgment of paternity with the court and negotiating a parenting agreement can make the process difficult and stressful. Fortunately, an experienced Kansas divorce attorney can provide you with the comprehensive guidance you need.

As your legal counsel, I will work with all parties to help negotiate a fair parenting agreement, including custody and visiting hours, and advise you on your options when making important decisions about your child’s future and well-being. I can help you file a paternity suit in the Kansas court and provide you with the detailed legal advice and advocacy you need during this time.

Experienced Custody Attorney in Overland Park, Kansas

If you are trying to negotiate a custody agreement but have never been married to your child’s other parent, call Rundberg Law, LLC today to schedule a free counseling session. I’m going to help you understand everything you need to know about unmarried father custody in Kansas and give you the detailed legal guidance you need. Based in Overland Park, my law firm prides itself on serving clients in the surrounding communities of Johnson County, Kansas.

23-2208. presumption of paternity. (a) A man shall be deemed to be the father of a child if:

(1) The husband and the mother of the child are or were married to each other and the child is born during the marriage or within 300 days after the termination of the marriage by death or by entry in a diary of a disposition, annulment or divorce.

(2) Prior to the child’s birth, the man and the child’s mother attempted to marry each other through what appeared to be a legal marriage, even though the attempted marriage was void or voidable and:

(A) If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days of its termination by death or by the filing of a journal entry of a judgment of annulment or divorce; or

(B) if the attempted marriage is void, the child shall be born within 300 days of the termination of the cohabitation.

(3) After the child’s birth, the man and the child’s mother married or attempted to marry one another by entering into an apparently lawful marriage, although the attempted marriage is void or voidable and:

(A) The man has acknowledged the paternity of the child in writing;

(B) with the consent of the man, the man is named as the child’s father on the child’s birth certificate; or

(C) The man is obligated to maintain the child by virtue of a written commitment or a court order.

(4) The man acknowledges the paternity of the child notoriously or in writing, including but not limited to a voluntary acknowledgment under K.S.A. 2017 replenishment 23-2223 or K.S.A. 65-2409a and amendments thereto.

(5) Genetic test results indicate that the man is the father of the child with a probability of 97% or more.

(6) The man is obliged to maintain the child by virtue of a maintenance order, regardless of whether the man was ever married to the child’s mother.

(b) A presumption under this section may be rebutted only by clear and convincing evidence, by a court order finding the child’s paternity by another man, or as provided in subsection (c). If a presumption is refuted, the party claiming the existence of a father-child relationship bears the burden of proof.

(c) If two or more presumptions arise under this section that contradict each other, the presumption based on the facts based on the more important political and logical considerations, including the best interests of the child, shall prevail.

(d) A determination of paternity made by any other State or jurisdiction shall have full confidence and credibility, whether determined by judicial or administrative process or by voluntary recognition. As used in this section, “in good faith and good faith” means that the determination of paternity has the same conclusive effect and binding force in that State as it has in the State or jurisdiction in which it was made.

(e) If a presumption arises under this section, the presumption is sufficient basis for the entry of an order requiring the man to support the child without further paternity proceedings.

(f) The donor of semen made available to a licensed physician for use in the artificial insemination of a woman other than the donor’s wife shall be treated legally as if he were not the biological father of any child conceived thereby, it unless this has been agreed in writing by the donor and the woman.

History: L. 1985, chap. 114, § 5; L. 1994, chap. 292, § 5; July 1.

Based on our extensive experience in family law matters with the law firm of Hampton & Royce, L.C. In Salina, Kansas, we know that handling all legal and practical issues related to child custody can be challenging. Sometimes parents just can’t agree on custody. In this case, the custody issue ends up in court, and a judge decides on custody based on certain factors.

Child custody in Kansas

Specific statutes in the Kansas Family Law Code, contained in KS Stat §23-3201 through §23-3222, establish the legal rules for child custody in the state. When a custody case goes to court, the judge applies these rules and interprets them as necessary.

The best interests of the child determine custody decisions made by a court

The most important rule appears in § 23-3201. It says very simply:

The court shall determine custody or residence of a child consistent with the best interests of the child.

The following sections of the law explain a number of rules and factors used to determine what is in the best interests of the child in a particular case.

Crucially, regardless of the age of the child, the court cannot presume that one of the parents has a vested interest in the custody of a child over the other parent. The law expressly provides that there is no presumption that it is in the best interests of an infant or young child to give custody to the mother.

In other words, when parents ask a Kansas court to determine custody of a child, the mother and father have equal rights. However, the law creates rebuttable presumptions about what is in the child’s best interest in certain circumstances, including situations involving registered sex offenders and those convicted of child abuse.

Types of child custody in Kansas

Kansas law provides for two different types of custody decisions by a court: statutory custody and residential custody. The court makes a separate finding for each question.

Legal custody refers to the power to make decisions affecting the child. When deciding on custody, the court can order joint custody, giving the parents equal rights to make decisions about the child. Alternatively, the judge may award one parent sole custody.

The preferred form of custody is joint custody. In order to award sole custody to a parent, the judge must determine that it is not in the best interests of the child for both parents to have equal rights in making decisions about the child. The court record must contain specific findings of fact that justify the decision to award sole custody.

After the court determines legal custody, the judge makes placement arrangements, sometimes informally referred to as physical custody. Based on the factors set out in the law, the court has several options for placement orders:

Residence: The child lives with one or both parents, depending on what is in the best interests of the child.

Shared Residence: One or more children live with each parent and have parental leave with the other parent. The law expressly states that this type of housing is only appropriate in exceptional cases.

Non-Parental Custody: If the court finds certain facts, the judge may award temporary custody to someone other than one of the parents.

Factors in determining custody and housing arrangements

A section of the statute, KS Stat § 23-3203, lists specific considerations for the court to evaluate in decisions related to child custody, housing arrangements and parental leave. Importantly, the law states that “the court must consider all relevant factors, including but not limited to” those enumerated, including:

The child’s age and their physical and emotional needs

Child care and residence wishes if the child is “sufficiently old and mature”.

The involvement and role of each parent with a minor child before and after separation

The child’s interaction and relationship with parents, siblings and others who may significantly affect the child’s best interests

The child’s adjustment to their home, community and school

Location of the child’s school and the places of residence and work of the parents as well as working hours of the parents

Each parent’s ability and willingness to respect the child’s relationship with the other parent and to allow an ongoing relationship between the child and the other parent

Parents’ ability to communicate and collaborate in managing parental responsibilities

Evidence of physical or psychological abuse by spouse

Whether a parent is a registered sex offender under state, federal, or military law, or has been convicted of child molestation in Kansas

Whether a parent lives with someone who is a registered sex offender or has been convicted of child molestation in Kansas

The most important factor relied on by the court is the “ability and willingness of each parent to respect the child’s relationship with the other parent and to allow for an ongoing relationship between the child and the other parent.”

Based on these statutes, the Kansas courts have wide discretion in deciding custody of a child after a separation or divorce. In any case, the judge bases the decision on the evidence presented by the parties during the proceedings.

However, the most important factor relied on by the Court is the “ability and willingness of each parent to respect the child’s relationship with the other parent and to allow for an ongoing relationship between the child and the other parent.” Courts will not be impressed by a parent who tries to keep a child separate from the other parent or who speaks negatively to a child about the other parent or the other side of the family. Attempting to negatively influence a child in relation to the other parent can have serious consequences, including losing parental leave to losing a home.

Talk to our experienced family law attorneys in Salina, Kansas

If you’re facing a child custody issue — or if you need help with any type of home or family law — our trusted home and family law attorneys in Salina, Kansas, Hampton & Royce, L.C. are here to help. For parents or other lawyers interested in family law mediation services, we also have the experience and expertise to facilitate the private resolution of domestic matters.

We serve clients throughout the state of Kansas. Contact us to arrange a consultation appointment.