In Kansas, for a father to have rights or an opinion regarding the adoption of his minor child, he must first be legally declared or presumed to be the child’s father. To be a child’s father means that a parent and child relationship exists between the father and child, which in turn imposes or bestows parental rights upon a father. These rights may vary greatly depending on the state and the facts surrounding the situation.
Presumption of Paternity in Kansas
In Kansas, a man is presumed to be the child’s father in a variety of circumstances. This means that based on certain circumstances or facts alone, a man can be presumed to be the child’s father. For example, if the man and the child’s mother are, or were, married to each other, and the child is born during the marriage or within 300 days after the marriage has ended, he is presumed to be the child’s father. Kansas’s law states that a man may be presumed to be the child’s father based on voided or voidable marriages. There are also laws pertaining to genetic testing and written consent regarding the establishment of paternity. An experienced and knowledgeable Kansas adoption and family law lawyer can clarify and explain these laws.
Establishing Paternity of a Child
If a man is presumed to be a child’s father there are certain obligatory rights and responsibilities that are established along with paternity. These include rights and duties of custody, support, visitation, and care for the child and rights regarding adoption procedures. A biological father who desires input in the adoption decision-making process should establish paternity as soon as he can. If paternity fails to be established it can prevent an unmarried father from claiming any parental rights at all. Waiting too long to establish can demonstrate a lack of commitment to parent the child on the father’s behalf, which the court may weigh against him when analyzing the facts of the situation. It may even be recommended or necessary to establish paternity before the birth of the child in certain cases, such as when the mother indicates early on in pregnancy a desire to put the child up for adoption.
Revocation of Claim to Paternity
Up until one (1) year after the child’s birth, an action may be brought against the claim of paternity on behalf of the child by the mother, father or the child himself or herself. None of the legal responsibilities or obligations based on paternity shall be revoked during the pending action until a legal revocation has been made. If a father is bringing forth the revocation action, he is required to show some form of duress, fraud or material mistake of fact. This means they have the burden to provide evidence of undue force or pressure, malicious intent or substantial mistake involved in the establishment of paternity.
Objection to Adoption in Kansas
Depending on which state the adoption proceeding takes place, fathers who do not agree to the adoption of their child are advised to file an objection to the adoption in the appropriate court, or in some cases with the state health and human services department. Many times, depending on the county, the court will require the inclusion of the intent to petition for custody in the adoption objection within a short period of time.
If you think or know you are the father of a child who is being put up for adoption and you want to know your rights, we are here to help. Paternity issues and father’s rights in Kansas can be intricate and confusing. However, they don’t have to be when you have the help of an experienced team of adoption attorneys who are knowledgeable in this exact area. Call a Kansas Adoption Lawyer at McDowell Chartered Legal Services today at (316) 269-0746 to see how we can successfully assist you in your matter.
