Paternity Attorney in Manhattan, Kansas

Paternity is a significant legal matter that establishes a father's rights and obligations toward his child. In Kansas, paternity not only determines who can make key decisions about the child’s upbringing, such as custody and visitation but also makes sure financial support is provided. 

This legal process is essential for securing the child’s access to crucial benefits like health insurance, inheritance rights, and a full medical history.

Oleen Law Firm, serving South Junction and Manhattan, Kansas, offers experienced guidance in handling paternity issues. Our family law professionals help fathers understand their rights and responsibilities, making sure their voice is heard in decisions that affect their children. 

With our comprehensive legal support, fathers can confidently pursue their legal standing and foster healthy relationships with their children.

When it comes to paternity cases, we provide the skilled legal representation you need. Whether you’re seeking to establish or challenge paternity, our firm works diligently to make sure your case is managed with care.

How Paternity Is Established in Kansas

In Kansas, paternity can be established in a few different ways: 

• Presumed paternity for married parents: If a child is born to married parents, the husband is automatically presumed to be the legal father.

• Voluntary acknowledgment: Unmarried parents can establish paternity by signing an Acknowledgment of Paternity (AOP) form, which legally identifies the father without needing court intervention.

• Court-ordered paternity: If there’s a dispute or uncertainty, paternity can be established through a court order, often requiring DNA testing to confirm biological parentage.

• DNA testing: Genetic testing, with over 99% accuracy, is commonly used in court-ordered paternity cases to confirm a biological relationship between the father and the child.

• Legal rights and responsibilities: Once paternity is established, the father gains legal rights to custody or visitation and assumes responsibilities such as child support.

When there’s no agreement between the parents, paternity can be established through a court order. This typically involves genetic testing to confirm biological parentage. Once paternity is legally established, the father gains all the rights and responsibilities associated with fatherhood.

Voluntary Acknowledgment of Paternity

Voluntary acknowledgment of paternity is the simplest way to establish legal fatherhood in Kansas when the parents are unmarried. The Acknowledgment of Paternity (AOP) form can be signed by both parents shortly after the child is born or at any time later. Signing this form voluntarily establishes legal paternity without the need for a court hearing or genetic testing.

It’s important to note that signing the AOP is a legally binding action. Once signed and filed, the father has the same legal responsibilities and rights as if paternity had been established through a court order. If either parent has doubts about the biological parentage, it’s recommended not to sign the form until the family law issue is resolved.

Court-Ordered Paternity

If there’s a dispute about a child’s parentage, court-ordered paternity may be necessary. In Kansas, either the parent, the child, or the state can initiate a paternity case to determine legal fatherhood. This is typically done when one party is seeking child support, custody, or visitation rights, or if the state is providing financial assistance to the child.

The court will usually order a DNA test to confirm paternity, which is over 99% accurate. Once the test results establish the biological father, the court will issue an order declaring legal paternity. This order grants the father legal rights and responsibilities, such as the obligation to pay child support or seek custody.

Importance of Establishing Paternity

Establishing paternity is important for several reasons, such as: 

• Legal rights for the father: Establishing paternity gives the father legal rights to seek custody or visitation and participate in important decisions about the child's upbringing.

• Financial support for the child: Paternity confirms that the child receives financial support from both parents, helping to cover essential expenses such as education, healthcare, and daily living needs.

• Access to benefits: Establishing paternity allows the child to access the father’s health insurance, inheritance rights, Social Security benefits, and other potential financial support.

• Emotional and social benefits: It provides the child with a sense of identity, family connection, and the opportunity to build a relationship with both parents.

• Medical history: Knowing both parents' medical histories is crucial for understanding potential genetic conditions and seeking proper healthcare for the child.

Without legal paternity, fathers may have no legal standing in these matters, which can complicate relationships with the child.

Child Support and Paternity

One of the primary reasons paternity cases are brought to courts of family law is for child support purposes. In Kansas, both parents are legally obligated to provide financial support for their child. When paternity is established, the court can issue a child support order requiring the father to contribute to the child’s upbringing.

If paternity isn’t established, a mother may struggle to obtain financial support from the father. Conversely, if the father isn’t the biological parent, he may end up paying child support unless paternity is legally disputed and resolved. For this reason, it’s essential to handle paternity cases with care and to seek legal advice when necessary.

Custody and Visitation Rights

Establishing paternity also plays a significant role in custody and visitation rights. In Kansas, legal paternity must be established before a father can seek custody or visitation with his child. Once paternity is confirmed, the father can request joint or sole custody, depending on the circumstances, and negotiate visitation schedules.

Without legal paternity, fathers may not have any rights to see or spend time with their children, regardless of their relationship. If a mother denies visitation or prevents the father from being involved in the child’s life, establishing paternity through the court can protect the father’s rights.

Disestablishing Paternity

In some cases, a man may believe he isn’t the biological father of a child he has been legally recognized as the father of. Disestablishing paternity can be an intricate legal process in Kansas, and it typically requires presenting evidence, such as DNA testing, to the court.

Kansas law allows men to contest paternity within one year of learning new information that suggests they may not be the biological father. However, if the man signed a voluntary Acknowledgment of Paternity or if the court has already issued a paternity order, disestablishing paternity can be challenging. In such situations, having our legal guidance is essential.

How Legal Professionals Help With Paternity Cases

Paternity cases can be legally and emotionally complicated, especially when they involve disputes over child support, custody, or visitation. The Oleen Law Firm can help work toward protecting your rights throughout this particular family law process. 

We can assist with filing paperwork, representing you in court, and negotiating agreements that serve the best interests of both you and your child.

Additionally, if the state has brought a paternity action against you, it’s important to have legal representation. The state may seek to establish paternity in order to recover child support if public assistance is being provided to the child. We can help confirm that the state’s claims are legitimate and that your rights are upheld.

Legal Deadlines and Paternity Cases

Kansas law imposes certain deadlines in paternity cases, particularly when it comes to disputing or disestablishing paternity. If you believe you aren’t the father and wish to challenge legal paternity, it’s crucial to act within the appropriate timeframe. 

Missing these deadlines could result in permanent legal obligations, such as child support, even if you aren’t the biological father.

As a dedicated family law firm, we can help make sure that all deadlines are met and that your case is handled properly from start to finish. They can advise you on the right course of action and guide you through the legal process so that your rights are protected at every stage.