Kansas Paternity Law

Paternity – General – Kansas

Note:  This summary is not intended to be an all inclusive discussion of the law applicable to an action to establish Paternity in the State of Kansas, but does include basic and other provisions.

Statutes:

Kansas Revised Statutes
Chapter 38.– MINORS
Article 11.– DETERMINATION OF PARENTAGE

Title and application of act. (1994)

(a)  K.S.A. 38-1110 through 38-1131 and acts amendatory thereto and supplemental thereof shall be known and may be cited as the Kansas parentage act.

(b)  Proceedings concerning parentage of a child shall be governed by this act except to the extent otherwise provided by the Indian child welfare act of 1978 (25 U.S.C. §§ 1901 et seq.).
Ch. 38, Article 11, §38-1110.

Parent and child relationship defined. (1985)
As used in this act, “parent and child relationship” means the legal relationship existing between a child and the child’s biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. It includes the mother and child relationship and the father and child relationship.
Ch. 38, Article 11, §38-1111.

Relationship not dependent on marriage. (1985)
The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
Ch. 38, Article 11, §38-1112.

How parent and child relationship is established. (1997)
The parent and child relationship between a child and:

(a)  The mother may be established by proof of her having given birth to the child or under this act.

(b)  The father may be established under this act or, in the absence of a final judgment establishing paternity, by a voluntary acknowledgment of paternity meeting the requirements of K.S.A. 38-1138 and amendments thereto, unless the voluntary acknowledgment has been revoked pursuant to K.S.A. 38-1115 and amendments thereto.

(c)  An adoptive parent may be established by proof of adoption.
Ch. 38, Article 11, §38-1113.

Presumption of paternity. (1994)

(a)  A man is presumed to be the father of a child if:

(1)  The man and the child’s mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death or by the filing of a journal entry of a decree of annulment or divorce.

(2)  Before the child’s birth, the man and the child’s mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:

(A)  If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination by death or by the filing of a journal entry of a decree of annulment or divorce; or

(B)  if the attempted marriage is void, the child is born within 300 days after the termination of cohabitation.

(3)  After the child’s birth, the man and the child’s mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable and:

(A)  The man has acknowledged paternity of the child in writing;

(B)  with the man’s consent, the man is named as the child’s father on the child’s birth certificate; or

(C)  the man is obligated to support the child under a written voluntary promise or by a court order.

(4)  The man notoriously or in writing recognizes paternity of the child, including but not limited to a voluntary acknowledgment made in accordance with K.S.A. 38-1130 or 65-2409a, and amendments thereto.

(5)  Genetic test results indicate a probability of 97% or greater that the man is the father of the child.

(6)  The man has a duty to support the child under an order of support regardless of whether the man has ever been married to the child’s mother.

(b)  A presumption under this section may be rebutted only by clear and convincing evidence, by a court decree establishing paternity of the child by another man or as provided in subsection (c). If a presumption is rebutted, the party alleging the existence of a father and child relationship shall have the burden of going forward with the evidence.

(c)  If two or more presumptions under this section arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic, including the best interests of the child, shall control.

(d)  Full faith and credit shall be given to a determination of paternity made by any other state or jurisdiction, whether the determination is established by judicial or administrative process or by voluntary acknowledgment. As used in this section, “full faith and credit” means that the determination of paternity shall have the same conclusive effect and obligatory force in this state as it has in the state or jurisdiction where made.

(e)  If a presumption arises under this section, the presumption shall be sufficient basis for entry of an order requiring the man to support the child without further paternity proceedings.

(f)  The donor of semen provided to a licensed physician for use in artificial insemination of a woman other than the donor’s wife is treated in law as if he were not the birth father of a child thereby conceived, unless agreed to in writing by the donor and the woman.
Ch. 38, Article 11, §38-1114.

Determination of father and child relationship; who may bring action; when action may be brought; revocation of acknowledgment. (1997)

(a)  A child or any person on behalf of such a child, may bring an action:

(1)  At any time to determine the existence of a father and child relationship presumed under K.S.A. 38-1114 and amendments thereto; or

(2)  at any time until three years after the child reaches the age of majority to determine the existence of a father and child relationship which is not presumed under K.S.A. 38-1114 and amendments thereto.

(b)  When authorized under K.S.A. 39-755 or 39-756, and amendments thereto, the secretary of social and rehabilitation services may bring an action at any time during a child’s minority to determine the existence of the father and child relationship.

(c)  This section does not extend the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by law relating to the probate of estates or determination of heirship.

(d)  Any agreement between an alleged or presumed father and the mother or child does not bar an action under this section.

(e)  Except as otherwise provided in this subsection, if an acknowledgment of paternity pursuant to K.S.A. 38-1138, and amendments thereto, has been completed the man named as the father, the mother or the child may bring an action to revoke the acknowledgment of paternity at any time until one year after the child’s date of birth. The legal responsibilities, including any child support obligation, of any signatory arising from the acknowledgment of paternity shall not be suspended during the action, except for good cause shown. If the person bringing the action was a minor at the time the acknowledgment of paternity was completed, the action to revoke the acknowledgment of paternity may be brought at any time until one year after that person attains age 18, unless the court finds that the child is more than one year of age and that revocation of the acknowledgment of paternity is not in the child’s best interest.

The person requesting revocation must show, and shall have the burden of proving, that the acknowledgment of paternity was based upon fraud, duress or material mistake of fact unless the action to revoke the acknowledgment of paternity is filed before the earlier of 60 days after completion of the acknowledgment of paternity or the date of a proceeding relating to the child in which the signatory is a party, including but not limited to a proceeding to establish a support order.

If a court of this state has assumed jurisdiction over the matter of the child’s paternity or the duty of a man to support the child, that court shall have exclusive jurisdiction to determine whether an acknowledgment of paternity may be revoked under this subsection.

If an acknowledgment of paternity has been revoked under this subsection, it shall not give rise to a presumption of paternity pursuant to K.S.A. 38-1114 and amendments thereto. Nothing in this subsection shall prevent a court from admitting a revoked acknowledgment of paternity into evidence for any other purpose.

If there has been an assignment of the child’s support rights pursuant to K.S.A. 39-709 and amendments thereto, the secretary of social and rehabilitation services shall be a necessary party to any action under this subsection.
Ch. 38, Article 11, §38-1115.

Jurisdiction; venue. (2000)

(a)  The district court has jurisdiction of an action brought under the Kansas parentage act. The action may be joined with an action for divorce, annulment, separate maintenance, support or adoption.

(b)  If any determination is sought in any action under the Kansas parentage act for custody, residency or parenting time, the initial pleading seeking that determination shall include that information required by K.S.A. 38-1356, and amendments thereto;

(c)  The action may be brought in the county in which the child, the mother or the presumed or alleged father resides or is found. If a parent or an alleged or presumed parent is deceased, an action may be brought in the county in which proceedings for probate of the estate of the parent or alleged or presumed parent have been or could be commenced.
Ch. 38, Article 11, §38-1116.

Parties. (1994)

(a)  Except as otherwise provided in subsection (b), the child, the mother, each man presumed to be the father under K.S.A. 38-1114 and amendments thereto and each man alleged to be the father shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and shall be afforded the opportunity to be heard. If a man alleged or presumed to be the father is a minor, the court shall cause notice of the pendency of the proceedings and copies of the pleadings on file to be served upon the parents or guardian of the minor and shall appoint a guardian ad litem who shall be an attorney to represent the minor in the proceedings. If the parents or guardian of the minor cannot be found, notice shall be served in the manner directed by the court.

(b)  In an action to establish an order for support of the child, failure to join any person as a party shall not deprive the court of jurisdiction to determine whether a party to the action has a duty to support the child and, if so, to enter an order for support.
Ch. 38, Article 11, §38-1117.

Genetic tests to determine paternity; order of court; refusal to submit to tests; expert witnesses. (1994)

(a)  Whenever the paternity of a child is in issue in any action or judicial proceeding in which the child, mother and alleged father are parties, the court, upon its own motion or upon motion of any party to the action or proceeding, shall order the mother, child and alleged father to submit to genetic tests. If an action is filed by the secretary of social and rehabilitation services under K.S.A. 39-755 or 39-756, and amendments thereto, the court shall order genetic tests on the motion of the secretary of social and rehabilitation services or any party to the action if paternity of the child is in issue. If any party refuses to submit to the tests, the court may resolve the question of paternity against the party or enforce its order if the rights of others and the interests of justice so require. The tests shall be made by experts qualified as genetic examiners who shall be appointed by the court.

(b)  Parties to an action may agree to conduct genetic tests prior to or during the pendency of an action for support of a child. The verified written report of the experts shall be admitted into evidence as provided in subsection (c) unless the court finds that paternity of the child is not in issue.

(c)  The verified written report of the experts shall be considered to be stipulated to by all parties unless written notice of intent to challenge the validity of the report is given to all parties not more than 20 days after receipt of a copy of the report but in no event less than 10 days before any hearing at which the genetic test results may be introduced into evidence. If such notice is given, the experts shall be called by the court as witnesses to testify as to their findings and shall be subject to cross-examination by the parties. Any party may demand that other experts, qualified as genetic examiners, perform independent tests under order of the court, the results of which may be offered in evidence. The number and qualification of the other experts shall be determined by the court. If no challenge is made, the genetic test results shall be admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.
Ch. 38, Article 11, §38-1118.

Evidence. (1997)

(a)  Evidence relating to paternity may include any of the following:

(1)  Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.

(2)  An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy.

(3)  Genetic test results of the statistical probability of the alleged father’s paternity.

(4)  Medical or anthropological evidence relating to the alleged father’s paternity of the child based on tests performed by experts. The court may, and upon request of a party shall, require the child, the mother and the alleged father to submit to appropriate tests.

(5)  Testimony, records and notes of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth. Such testimony, records and notes are not privileged.

(6)  Any other evidence relevant to the issue of paternity of the child, including but not limited to voluntary acknowledgment of paternity made in accordance with K.S.A. 38-1138 and amendments thereto.

(b)  Testimony relating to sexual access to the mother by a man at a time other than the probable time of the conception of the child is inadmissible in evidence.

(c)  For any child whose weight at birth is equal to or greater than five pounds 12 ounces, or 2,608.2 grams, it shall be presumed that the child was conceived between 300 and 230 days prior to the date of the child’s birth. A presumption under this section may be rebutted by clear and convincing evidence.

(d)  Evidence consisting of the results of any genetic test that is of a type generally acknowledged as reliable by accreditation bodies designated by the secretary of social and rehabilitation services shall not be inadmissible solely on the basis of being performed by a laboratory approved by such an accreditation body.

(e)  Evidence of expenses incurred for pregnancy, childbirth and genetic tests may be admitted as evidence without requiring third-party foundation testimony and shall constitute prima facie evidence of amounts incurred for such goods and services.
Ch. 38, Article 11, §38-1119.

Civil action; trial to court. (1985)

(a)  An action under this act is a civil action governed by the rules of civil procedure.

(b)  Trial of all issues in actions under this act shall be to the court.
Ch. 38, Article 11, §38-1120.

Judgment or order. (2001)

(a)  The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes, but if any person necessary to determine the existence of a father and child relationship for all purposes has not been joined as a party, a determination of the paternity of the child shall have only the force and effect of a finding of fact necessary to determine a duty of support.

(b)  If the judgment or order of the court is at variance with the child’s birth certificate, the court shall order that a new birth certificate be issued, but only if any man named as the father on the birth certificate is a party to the action.

(c)  Upon adjudging that a party is the parent of a minor child, the court shall make provision for support and education of the child including the necessary medical expenses incident to the birth of the child. The court may order the support and education expenses to be paid by either or both parents for the minor child. When the child reaches 18 years of age, the support shall terminate unless:

(1)  The parent or parents agree, by written agreement approved by the court, to pay support beyond that time;

(2)  the child reaches 18 years of age before completing the child’s high school education in which case the support shall not automatically terminate, unless otherwise ordered by the court, until June 30 of the school year during which the child became 18 years of age if the child is still attending high school; or

(3)  the child is still a bona fide high school student after June 30 of the school year during which the child became 18 years of age, in which case the court, on motion, may order support to continue thro becomes 19 years of age so long as the child is a bona fide high school student and the parents jointly participated or knowingly acquiesced in the decision which delayed the child’s completion of high school.

The court, in extending support pursuant to subsection (c)(3), may impose such conditions as are appropriate and shall set the child support utilizing the guideline table category for 16-year through 18-year old children. Provision for payment of support and educational expenses of a child after reaching 18 years of age if still attending high school shall apply to any child subject to the jurisdiction of the court, including those whose support was ordered prior to July 1, 1992. If an agreement approved by the court prior to July 1, 1988, provides for termination of support before the date provided by subsection (c)(2), the court may review and modify such agreement, and any order based on such agreement, to extend the date for termination of support to the date provided by subsection (c)(2). If an agreement approved by the court prior to July 1, 1992, provides for termination of support before the date provided by subsection (c)(3), the court may review and modify such agreement, and any order based on such agreement, to extend the date for termination of support to the date provided by subsection (c)(3). For purposes of this section, “bona fide high school student” means a student who is enrolled in full accordance with the policy of the accredited high school in which the student is pursuing a high school diploma or a graduate equivalency diploma (GED). The judgment may require the party to provide a bond with sureties to secure payment. The court may at any time during the minority of the child modify or change the order of support, including any order issued in a title IV-D case, within three years of the date of the original order or a modification order, as required by the best interest of the child. If more than three years has passed since the date of the original order or modification order, a requirement that such order is in the best interest of the child need not be shown. The court may make a modification of support retroactive to a date at least one month after the date that the motion to modify was filed with the court. Any increase in support ordered effective prior to the date the court’s judgment is filed shall not become a lien on real property pursuant to K.S.A. 60-2202, and amendments thereto.

(d)  If both parents are parties to the action, the court shall enter such orders regarding custody, residency and parenting time as the court consid child.

If the parties have an agreed parenting plan it shall be presumed the agreed parenting plan is in the best interest of the child. This presumption may be overcome and the court may make a different order if the court makes specific findings of fact stating why the agreed parenting plan is not in the best interest of the child. If the parties are not in agreement on a parenting plan, each party shall submit a proposed parenting plan to the court for consideration at such time before the final hearing as may be directed by the court.

(e)  In entering an original order for support of a child under this section, the court may award an additional judgment to reimburse the expenses of support and education of the child from the date of birth to the date the order is entered. If the determination of paternity is based upon a presumption arising under K.S.A. 38-1114 and amendments thereto, the court shall award an additional judgment to reimburse all or part of the expenses of support and education of the child from at least the date the presumption first arose to the date the order is entered, except that no additional judgment need be awarded for amounts accrued under a previous order for the child’s support.

(f)  In determining the amount to be ordered in payment and duration of such payments, a court enforcing the obligation of support shall consider all relevant facts including, but not limited to, the following:

(1)  The needs of the child.

(2)  The standards of living and circumstances of the parents.

(3)  The relative financial means of the parents.

(4)  The earning ability of the parents.

(5)  The need and capacity of the child for education.

(6)  The age of the child.

(7)  The financial resources and the earning ability of the child.

(8)  The responsibility of the parents for the support of others.

(9)  The value of services contributed by both parents.

(g)  The provisions of K.S.A. 23-4,107, and amendments thereto, shall apply to all orders of support issued under this section.

(h)  An order granting parenting time pursuant to this section may be enforced in accordance with K.S.A. 23-701, and amendments thereto, or under the uniform child custody jurisdiction and enforcement act.
Ch. 38, Article 11, §38-1121.

Costs. (1985)
The court may order reasonable fees of counsel and the child’s guardian ad litem and other expenses of the action, including blood tests, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid from the general fund of the county. After payment, the court may tax all, part or none of the expenses as costs in the action. No fee shall be allowed for representation of the petitioner by the county or district attorney. The fee of an expert witness qualified as an examiner of blood types, but not appointed by the court, shall be paid by the party calling the expert witness but shall not be taxed as costs in the action.
Ch. 38, Article 11, §38-1122.

Enforcement of judgment or order. (2001)

(a)  If existence of the father and child relationship has been determined and payment of support is ordered under prior law, the court may order support and any related expenses to be paid through the central unit for collection and disbursement of support payments designated pursuant to K.S.A. 23-4,118, and amendments thereto. If payment of support is ordered under this act, the court shall require such support and any related expense to be paid through the central unit for collection and disbursement of support payments designated pursuant to K.S.A. 23-4,118, and amendments thereto.

(b) The provisions of the Kansas income withholding act, K.S.A. 23-4,105 through K.S.A. 23-4,123, and amendments thereto, shall apply to orders of support issued under this act or under the predecessor to this act.

(c) Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply.
Ch. 38, Article 11, §38-1123.

Modification of judgment or order. (1985)
The court has continuing jurisdiction to modify or vacate a judgment or order made under this act.
Ch. 38, Article 11, §38-1124.

Counsel for parties; free transcript for indigent on appeal. (1994)

(a)  If the petitioner is not represented by counsel, the petitioner in an action to determine paternity may apply for services from:

(1)  The court trustee of the judicial district in which the action is brought, if the office of court trustee has been established in the county; or

(2)  the department of social and rehabilitation services or its contractor, if the action is brought pursuant to part D of title IV of the federal social security act (42 USC § 651 et seq.), as amended. At the request of a petitioner in an action to determine paternity, the county or district attorney of the county in which the action is brought shall proceed on the petitioner’s behalf if the petitioner is not represented by counsel, the action is not brought pursuant to part D of title IV of the federal social security act (42 USC §651 et seq.), as amended, and there is no court trustee in the county.

(b)  The court shall appoint a guardian ad litem to represent the minor child if the court finds that the interests of the child and the interests of the petitioner differ. In any other case, the court may appoint such a guardian ad litem.

(c)  The court shall appoint counsel for any other party to the action who is financially unable to obtain counsel.

(d)  If a party is financially unable to pay the costs of a transcript, the court shall furnish on request a transcript for purposes of appeal.
Ch. 38, Article 11, §38-1125.

Action to determine mother and child relationship. (1985)
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this act applicable to the father and child relationship apply.
Ch. 38, Article 11, §38-1126.

Promise to render support. (1985)
It shall be presumed that there is consideration for any written promise to furnish support for a child, growing out of a presumed or alleged father and child relationship. Such a promise shall be enforceable according to its terms, subject to subsection (d) of K.S.A. 38-1115.
Ch. 38, Article 11, §38-1127.

Paternity orders; birth certificates. (1994)

(a)  Upon receipt of a certified order from a court of this state or an authenticated order of a court of another state, the state registrar of vital statistics shall prepare a new birth registration consistent with the findings of the court.

(b)  The fact that the father and child relationship was declared after the child’s birth shall not be ascertainable from the new birth registration, but the actual place and date of birth shall be shown.

(c)  The findings upon which the new birth registration was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only in exceptional cases upon order of the court for good cause shown or as otherwise provided in K.S.A. 38-1138.
Ch. 38, Article 11, §38-1128.

Amendment of birth certificate to change name of parent or child; procedure. (1986)

(a)  Whenever the parents of a minor child desire that the child’s birth certificate be amended to add the name of a parent, correct the name of either parent or of the child or change the child’s last name to that of either parent, both parents shall appear before a judge of the district court or a hearing officer authorized by rule of the supreme court to accept voluntary acknowledgments of parentage. The parents shall execute affidavits in the presence of the judge or hearing officer, attesting to the fact that each is a parent of the child and that they desire to amend the birth registration of the child. If both parents are not residents of this state and are outside this state, both parents shall forward to such judge or hearing officer affidavits, sworn to before a judicial officer of the state in which they reside and attesting to the fact that each is a parent of the child and that they desire to amend the birth registration of the child.

(b)  The judge or hearing officer shall require the parents to exhibit or to forward to the judge or hearing officer evidence of the birth of the child. If the judge or hearing officer finds that the birth certificate of the child fails to name either the father or mother of the child, that the name of either parent or the child is incorrect or that the child’s name should be changed to that of either parent, the judge or hearing officer shall forward both parents’ affidavits to the state registrar of vital statistics, together with a certified order to prepare a new birth registration in the manner provided by K.S.A. 38-1128 and amendments thereto and to seal the affidavits, court order and original birth certificate and allow inspection of them only as provided therein.

(c)  The judge or hearing officer shall return all evidence and other exhibits to the parents of the child. No fee shall be charged for the performance of this service. No case file will be opened in the district court, nor will any record be made by the court of the performance of this act.

(d)  This statute shall be part of and supplemental to the Kansas parentage act.
Ch. 38, Article 11, §38-1130.

Court orders; interlocutory orders; ex parte, when; notice and hearing; temporary support. (1997)

(a)  The court, without requiring bond, may make and enforce orders which:

(1)  Restrain the parties from molesting or interfering with the privacy or rights of each other;

(2)  confirm the existing de facto custody of the child subject to further order of the court;

(3)  appoint an expert to conduct genetic tests for determination of paternity as provided in K.S.A. 38-1118 and amendments thereto;

(4)  order the mother and child and alleged father to contact the court appointed expert and provide tissue samples for testing within 30 days after service of the order;

(5)  order the payment of temporary child support pursuant to subsection (c); or

(6)  the court deems necessary to carry the provisions of the Kansas parentage act.

(b)

(1)  Interlocutory orders authorized by this section that relate to genetic testing may be issued ex parte, if:

(A)  the appointed expert is a paternity laboratory accredited by the American association of blood banks; and

(B)  the order does not require an adverse party to make advance payment toward the cost of the test.

(2)  If such ex parte orders are issued, and if an adverse party requests modification thereof, the court will conduct a hearing within 10 days of such request.

(c)  After notice and hearing, the court shall enter an order for child support during the pendency of the action as provided in this subsection. The order shall be entered if the pleadings and the motion for temporary support, if separate from the pleadings, indicate there is only one presumed father and if probable paternity by the presumed father is indicated by clear and convincing evidence. For purposes of this subsection, “clear and convincing evidence” may be presented in any form, including, but not limited to, an uncontested allegation in the pleadings, an uncontested affidavit or an agreement between the parties. For purposes of this subsection, “clear and convincing evidence” means:

(1)  The presumed father does not deny paternity;

(2)  the mother and the presumed father were married to each other, regardless of whether the marriage was void or voidable, at any time between 300 days before the child’s birth and the child’s birth;

(3)  a voluntary acknowledgment of paternity was completed by the mother and the presumed father more than 60 days before the motion was filed and no request to revoke the voluntary acknowledgment has been filed; or

(4)  results of genetic tests show the probability of paternity by the presumed father is equal to or greater than 97% and the report was received more than 20 days before the motion was filed, unless written notice of intent to challenge the validity of the report has been timely given.

(d)  The provisions of this section are part of and supplemental to the Kansas parentage act.
Ch. 38, Article 11, §38-1131.

Change in child’s residence; notice; effect; exception. (2000)

(a)  Except as provided in subsection (d), a parent granted rights pursuant to subsection (d) of K.S.A. 38-1121, and amendments thereto, shall give written notice to the other parent who has been granted rights pursuant to subsection (d) of K.S.A. 38-1121, and amendments thereto, not less than 30 days prior to:

(1)  Changing the residence of the child; or

(2)  removing the child from this state for a period of time exceeding 90 days. Such notice shall be sent by restricted mail, return receipt requested, to the last known address of the other parent.

(b)  Failure to give notice as required by subsection (a) is an indirect civil contempt punishable as provided by law. In addition, the court may assess, against the parent required to give notice, reasonable attorney fees and any other expenses incurred by the other parent by reason of the failure to give notice.

(c)  A change of the residence or the removal of a child from this state as described in subsection (a) may be considered a material change of circumstances which justifies modification of a prior order of child support, custody or parenting time. In determining any such motion, the court shall consider all factors the court deems appropriate including, but not limited to:

(1)  The effect of the move on the best interests of the child;

(2)  the effect of the move on any party having rights granted pursuant to subsection (d) of K.S.A. 38-1121, and amendments thereto; and

(3)  the increased cost the move will impose on any party seeking to exercise rights granted under subsection (d) of K.S.A. 38-1121, and amendments thereto.

(d)  A parent who has ben granted rights pursuant to subsection (d) of K.S.A. 38-1121, and amendments thereto, shall not be required to give the notice required by this section to the other parent when the other parent has been convicted of any crime specified in article 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, in which the child is the victim of such crime.

(e)  This section shall be part of and supplemental to the Kansas parentage act.
Ch. 38, Article 11, §38-1132.

Reserved.
Ch. 38, Article 11, §38-1133 to 38-1135.

Definitions. (1994)
As used in K.S.A. 38-1136 through 38-1138, except where the context otherwise requires:

(a)  “Birthing hospital” means a hospital or facility as defined by rules and regulations of the secretary of social and rehabilitation services.

(b)  “IV-D program” means a program for providing services pursuant to part D of title IV of the federal social security act (42 U.S.C. Sec. 651 et seq.) and acts amendatory thereof or supplemental thereto.

(c)  “Unwed mother” means a mother who was not married at the time of conception, at the time of birth or at any time between conception and birth.
Ch. 38, Article 11, §38-1136.

Hospital based program for voluntary acknowledgment of paternity. (1997)

(a)  There is hereby established in this state a hospital based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a, and amendments thereto, for newborn children of unwed mothers. Birthing hospitals shall participate in the program. Other hospitals and persons may participate in the program by agreement with the secretary of social and rehabilitation services.

(b)  The secretary of social and rehabilitation services shall provide information and instructions to birthing hospitals for the hospital based program for voluntary acknowledgment of paternity. The secretary of social and rehabilitation services may adopt rules and regulations establishing procedures for birthing hospitals under the program.

(c)  Subject to appropriations, the secretary of social and rehabilitation services is authorized to establish in this state a physicians’ office-based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a and amendments thereto for newborn children of unwed mothers. The secretary shall provide information and instructions to physicians’ offices for the program and may adopt rules and regulations establishing procedures for physicians’ offices under the program.

(d)  The secretary of health and environment shall provide services for the voluntary acknowledgment of paternity, in appropriate circumstances, through the office of the state registrar. The secretary of health and environment may adopt rules and regulations to carry out the requirements of this section.
Ch. 38, Article 11, §38-1137.

Acknowledgment of paternity forms. (2000)

(a)  The state registrar of vital statistics, in conjunction with the secretary of social and rehabilitation services, shall review and, as needed, revise acknowledgment of paternity forms for use under K.S.A. 38-1130 and 65-2409a, and amendments thereto. The acknowledgment of paternity forms shall include or have attached a written description pursuant to subsection (b) of the rights and responsibilities of acknowledging paternity.

(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.

(c)  Any duty to disclose rights or responsibilities related to signing an acknowledgment of paternity shall have been met by furnishing the written disclosures of subsection (b). Any duty to disclose orally the rights or responsibilities related to signing an acknowledgment of paternity may be met by means of an audio recording of the disclosures of subsection (b).

(d)  An acknowledgment of paternity completed without the written disclosures of subsection (b) is not invalid solely for that reason and may create a presumption of paternity pursuant to K.S.A. 38-1114 and amendments thereto. Nothing in K.S.A. 38-1136 through 38-1138 and amendments thereto shall decrease the validity, force or effect of an acknowledgment of paternity executed in this state prior to the effective date of this act.

(e)  Upon request, the state registrar of vital statistics shall provide a certified copy of the acknowledgment of paternity to an office providing IV-D program services.
Ch. 38, Article 11, §38-1138.


Inside Kansas Paternity Law