Establishing paternity in Kansas

On behalf of Stange Law Firm, PC posted in paternity on Friday, July 6, 2018.

Quite a bit of misinformation exists about establishing paternity in Wichita. Many seem to believe that it can only be done through genetic testing, through which results are shockingly revealed by someone exclaiming “You are the father!” In reality, paternity is a concept that is more presumed than it is proven. Many clients have come to us here at the Stange Law Firm questioning the exact processes for establishing paternity is Kansas (both in cases wanting to disprove they fathered a child and those where they wanted to verify a child was indeed their own). If you share the same question, then you may be surprised to learn that there are actually several methods the state uses.

One does indeed involve genetic testing were it must be shown with a 97 percent degree of certainty that you are the child’s father. Paternity is presumed in all other cases. These (as outlined in Section 23-2208 of the Kansas Family Law Code) are as follows:

  • The child is born while you are married to his or her married or within 300 days of your divorce
  • You attempted to marry the child’s mother prior yet the marriage was declared void or voidable within 300 days of the child’s birth
  • You married the child’s mother after his or her birth and acknowledged paternity in writing, consented to be listed as the father on his or her birth certificate, or were deemed legally responsible to support the child through a court order
  • You either notoriously or in writing recognizing paternity of the child

These presumptions may only be challenged by convincing evidence that rebuts them. If you and another make a simultaneous claim for paternity, the court will recognize that which is most strongly supported by evidence. More information on establishing paternity can be found here on our site.

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