Phone: 913-257-3110
When parents are not married, the law does not automatically recognize the father as a legal parent. Establishing paternity (legal parentage) is the step that unlocks a father’s rights and responsibilities and protects a child’s right to support and a relationship with both parents. Sarah Carmody helps unmarried mothers and fathers in Overland Park, Olathe, and throughout Johnson County establish parentage and move forward with custody, parenting time, and support.
Until parentage is legally established, an unmarried father has no automatic right to custody or parenting time, and the child may have no legal claim to support, inheritance, or benefits from that parent. Establishing paternity protects everyone: the child gains support and a relationship with both parents, the father gains enforceable rights, and the mother gains a legal basis for child support.
Kansas handles parentage under the Kansas Parentage Act. There are two main paths:
A signed VAP carries the same weight as a court order. Because it is permanent, it should not be signed lightly. If someone needs to undo a VAP, they generally must file a request with the court before the child’s first birthday (a longer window applies if the person was under 18 when they signed). After that, the parent-child relationship is very difficult to challenge, even with later genetic testing.
Once parentage is legal, the case looks like any other family matter involving children. The court can enter orders for legal custody, residency, parenting time, and child support, all measured against the best interests of the child. Establishing paternity is the gateway; the custody and support framework that follows is the same one married parents use.
Either parent can start the process. A mother may need to establish paternity to obtain child support or to put the father’s name on the birth certificate. A father may need it to secure parenting time and a legal relationship with his child. Sarah represents parents on both sides and focuses on getting a clear, enforceable result.
Either by both parents signing a Voluntary Acknowledgment of Paternity, or by a court order, which can include genetic testing if parentage is disputed.
Generally only by filing with the court before the child’s first birthday. After that, it is very difficult to challenge, even with genetic testing. A longer window applies if the signer was under 18.
It gives the father the legal standing to seek custody and parenting time. The court then decides custody and parenting time based on the best interests of the child.
If you need to establish or respond to a paternity matter in Overland Park or anywhere in Johnson County, call or text (913) 257-3110 or contact us.
An attorney can help you understand your rights and the paternity process. Attorneys, like Sarah Carmody, have the experience you need to assist with your paternity case.
If you are involved in a paternity dispute, it is important to hire an attorney who will do everything possible to protect your parent-child relationship. Contact me, Overland Park child custody Attorney Sarah Carmody, at 913-257-3110.
Contact the Overland KS Divorce and Mediation Attorneys at Sarah Carmody Law, LLC at 913-257-3110 today!
The Sarah Carmody Law, LLC provide legal services for families located in these areas: Shawnee, Overland Park, Olathe, Leawood, Mission, Kansas City, Lenexa and Johnson County. Let us help you today.
