Paternity - Frequently Asked Questions
Paternity - Frequently Asked Questions
How can I get child support if I was never married to my child’s other parent?
How can I get parenting time or custody if I was never married to my child’s other parent?
Do I have to put the name of my child’s father on my child’s birth certificate?
How can I prove my child’s parentage?
Who may bring an action to determine parentage?
In which court must I file my paternity action?
How is a parent and child relationship legally established?
When is paternity presumed?
How do I file a paternity action if I am not sure which man is the father?
How do I file a paternity action if I don’t know where to find the father?
Which is more important, my child’s best interest or my child’s biological paternity?
Can a mother prove her parentage of a child under the Kansas Parentage Act?
Can I change my child’s birth certificate after a determination of paternity?
Can I get immediate, temporary child support or immediate, temporary visits with my child?
Must a custodial parent notify the other parent of an intent to move away?
How is child support determined in a paternity action?
How is custody and parenting time determined in a paternity action?
Can child support, parenting time, and custody be modified after the conclusion of a paternity case?
How can I get child support if I was never married to my child’s other parent?
Your child deserves support from both parents, regardless of whether the parents were ever married. If you are raising a child on your own, you may get child support from the other parent by filing a petition under the Kansas Parentage Act.
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How can I get parenting time or custody if I was never married to my child’s other parent?
Your child deserves parenting time with both parents, regardless of whether the parents were ever married. You may get parenting time or custody with your child by filing a petition under the Kansas Parentage Act.
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Do I have to put the name of my child’s father on my child’s birth certificate?
No, you are not obligated to list the father’s name on the birth certificate. Listing the father’s name without his consent does not give rise to a presumption of paternity. Unless he consents to being named on the birth certificate, placing his name on the birth certificate will not obligate the father to pay child support and will not give the father rights to custody or parenting time.
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How can I prove my child’s parentage?
DNA testing provides a nearly certain way to prove paternity. Most DNA labs use a cotton swab inside the cheek instead of a blood draw. All three persons must be tested: child, mother and father. Click here {Link} for a list of DNA labs in the Kansas City area.
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Who may bring an action to determine parentage?
Read Kansas Statute number 38-1115
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In which court must I file my paternity action?
Read Kansas Statute number 38-1116; UCCJEA
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How is a parent and child relationship legally established?
There are three ways to establish a legal relationship between a parent and child under Kansas law:
Read Kansas Statute number 38-1113
(a) The mother may be established by proof of her having given birth to the child, or by a legal judgment under the Kansas Parentage Act;
(b) The father may be established by a legal judgment under the Kansas Parentage Act, or by a voluntary acknowledgment of paternity pursuant to Read Kansas Statute number 38-1138;
(c) An adoptive parent may be established by proof of adoption.
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When is paternity presumed?
Read Kansas Statute number 38-1114
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How do I file a paternity action if I am not sure which man is the father?
The parties to a paternity action include the child, the mother, each man presumed to be the father (see above), and each man alleged to be the father. You may allege more than one man to be the father.
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How do I file a paternity action if I don’t know where to find the father?
You may notify the father of the paternity action by publication in a newspaper. However, there might be little practical effect if paternity cannot be proven by a DNA test.
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Which is more important, my child’s best interest or my child’s biological paternity?
Link: Ross
If the child has a presumed father (see above), before ordering a DNA test for paternity, the court must determine that it would be in the child’s best interest to determine that someone other than the presumed father could be the actual father.
For example, suppose a child has been raised since birth by a man who was married to the child’s mother at the time of the child’s birth. Years after the birth, a stranger to the child might not be allowed to prove that the stranger is, in fact, the biological father of the child. The child might be allowed to live with the presumed father even if the stranger is the biological father.
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Can a mother prove her parentage of a child under the Kansas Parentage Act?
Read Kansas Statute number 38-1126
Yes, the Kansas Parentage Act may be used by mothers as well as by fathers.
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Can I change my child’s birth certificate after a determination of paternity?
Read Kansas Statute number 38-1128 and 38-1130
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Can I get immediate, temporary child support or immediate, temporary visits with my child?
Read Kansas Statute number 38-1131
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Must a custodial parent notify the other parent of an intent to move away?
Read Kansas Statute number 38-1132
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How is child support determined in a paternity action?
No information is available about this topic at this time.
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How is custody and parenting time determined in a paternity action?
No information is available about this topic at this time.
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Can child support, parenting time, and custody be modified after the conclusion of a paternity case?
No information is available about this topic at this time.
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Resources for Paternity
DNA Paternity Test Labs:
EMSI DNA Testing 913-438-4923
http://www.emsinet.html
Examination Management Services, Inc.
DNA Johnson County Juvenile Detention Center
Read the Law: Paternity
Read the Law –
Enter the statute number in the on-line Kansas Legislature Statute Directory. Go to: http://www.kslegislature.org/cgi-bin/statutes/index.cgi
Statute numbers are provided below for:
Kansas Determination of Parentage Code
Chapter 38, Article 11
Statute number and description
38-1113 How parent and child relationship is established
38-1114 Presumption of paternity
38-1115 Determination of father and child relationship; who may bring action; when action may be brought; revocation of acknowledgment
38-1116 Jurisdiction; venue
38-1126 Action to determine mother and child relationship
38-1130 Amendment of birth certificate to change name of parent or child; procedure
38-1131 Court orders; interlocutory orders; ex parte, when; notice and hearing; temporary support
38-1132 Change in child's residence; notice; effect; exception
38-1138 Acknowledgment of paternity forms
