What are the rights and responsibilities that will be upon mt boyfriend once he acknowledges the child as his own?

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:

A person who voluntarily acknowledges paternity in Kansas will have the rights and responsibilities that are enumerated in K.S.A. § 23-2204. It reads:
“***
(b) A written description of the rights and responsibilities of acknowledging paternity shall state the following:
     (1) An acknowledgment of paternity creates a permanent father and child relationship which can only be ended by court order. A person who wants to revoke the acknowledgment of paternity must file the request with the court before the child is one year old, unless the person was under age 18 when the acknowledgment of paternity was signed. A person under age 18 when the acknowledgment was signed has until one year after his or her 18th birthday to file a request, but if the child is more than one year old then, the judge will first consider the child's best interests.
   The person will have to show that the acknowledgment was based on fraud, duress (threat) or an important mistake of fact, unless the request is filed within 60 days of signing the acknowledgment or before any court hearing about the child, whichever is earlier;
     (2) both the father and the mother are responsible for the care and support of the child. If necessary, this duty may be enforced through legal action such as a child support order, an order to pay birth or other medical expenses of the child or an order to repay government assistance payments for the child's care. A parent's willful failure to support the parent's child is a crime;
     (3) both the father and the mother have rights of custody and parenting time with the child unless a court order changes their rights. Custody, residency and parenting time may be spelled out in a court order and enforced;
     (4) both the father and the mother have the right to consent to medical treatment for the child unless a court order changes those rights;
     (5) the child may inherit from the father and the father's family or from the mother and the mother's family. The child may receive public benefits, including, but not limited to, social security or private benefits, including, but not limited to, insurance or workers compensation because of the father-child or mother-child relationship;
     (6) the father or the mother may be entitled to claim the child as a dependent for tax or other purposes. The father or the mother may inherit from the child or the child's descendants; and
     (7) each parent has the right to sign or not sign an acknowledgment of paternity. Each parent has the right to talk with an attorney before signing an acknowledgment of paternity. Each parent has the right to be represented by an attorney in any legal action involving paternity or their rights or duties as a parent. Usually each person is responsible for hiring the person's own attorney.”
 

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.