What are the rights and responsibilities of a father acknowledging paternity in Kansas?

Full question:

I gave birth to my ex-boyfriend’s child two months ago. He got in touch with me and is trying to work things out. He was to acknowledge the paternity of the child as soon as possible. What are the rights and responsibilities that will be upon him once he acknowledges the child as his own in Kansas?

  • Category: Paternity
  • Date:
  • State: Kansas

Answer:

In Kansas, when a person acknowledges paternity, they gain certain rights and responsibilities under K.S.A. § 23-2204:

  1. Permanent relationship: Acknowledgment creates a lasting father-child relationship, which can only be ended by a court order. To revoke this acknowledgment, a person must file a request with the court before the child turns one year old, unless they were under eighteen when they signed it. In that case, they have until one year after their eighteenth birthday. Revocation requests must show that the acknowledgment was based on fraud, duress, or a significant mistake, unless filed within sixty days of signing or before any court hearing.
  2. Support obligations: Both parents are responsible for the child's care and support. This duty can be enforced through legal action, such as child support orders or repayment of medical expenses. Willful failure to support a child is a crime.
  3. Custody and parenting time: Both parents have rights to custody and parenting time unless a court order states otherwise. These rights can be defined and enforced through a court order.
  4. Medical consent: Both parents have the right to consent to medical treatment for the child unless a court order specifies otherwise.
  5. Inheritance rights: The child can inherit from both parents and may receive public or private benefits due to the parent-child relationship.
  6. Tax benefits: Either parent may claim the child as a dependent for tax purposes and may inherit from the child.
  7. Legal representation: Each parent has the right to consult with an attorney before signing an acknowledgment of paternity and to be represented in legal matters regarding their parental rights and duties.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can potentially sue your ex for lying about paternity if it has caused you harm, such as emotional distress or financial loss. However, the success of such a lawsuit would depend on the specific circumstances and evidence available. It's advisable to consult with an attorney to understand your options and the likelihood of success based on your situation and Kansas law.