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, K.S.A. 23-2201 and 23-2205 through 23-2225. 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. Under K.S.A. 23-2209(e), a person who wants to revoke an acknowledgment generally must file the request with the court within one year of the child’s date of birth. Someone who was under 18 when they signed has until one year after their eighteenth birthday. There is also a shorter practical deadline that surprises people: under K.S.A. 23-2204(b)(1), once 60 days have passed from signing, or once there has been a court hearing about the child, whichever comes first, the person asking to undo the acknowledgment has to prove it was based on fraud, duress, or an important mistake of fact. After the revocation window closes, the parent and child relationship is very difficult to challenge, even with later genetic testing.
Deadlines depend on whether a legal presumption of paternity already exists. Under K.S.A. 23-2209(a), an action to confirm a presumed father and child relationship can be brought at any time, and an action to establish a relationship that is not already presumed can be brought at any time until three years after the child reaches the age of majority. Waiting is still costly in practical terms, because support generally runs from the time an order is entered rather than backward through the years, but the door does not close on a child’s eighteenth birthday the way many parents assume.
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 under K.S.A. 23-3201, using the factors listed in K.S.A. 23-3203. 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 under K.S.A. 23-2204, or by a court order under the Kansas Parentage Act, which can include court-ordered genetic testing under K.S.A. 23-2212 if parentage is disputed.
Generally only by filing a revocation action with the court within one year of the child’s birth, K.S.A. 23-2209(e). A signer who was under 18 has until one year after turning 18. More than 60 days after signing, or after any court hearing about the child, the person must also prove fraud, duress, or an important mistake of fact, K.S.A. 23-2204(b)(1).
It gives the father the legal standing to seek custody and parenting time. The court then decides legal custody, residency, and parenting time based on the best interests of the child, K.S.A. 23-3201.
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.
