Kansas Petition By Father of Minor Child For Voluntary Legitimation

State:
Multi-State
Control #:
US-01008BG
Format:
Word; 
Rich Text
Instant download

Description

Legitimation is the voluntary act or process of legitimating a child born out of wedlock. It exists solely as a result of the law and policy of each jurisdiction and statutes must be construed and given effect according to the construction of the courts and legislatures of such states. Depending on the jurisdiction, legitimation may be accomplished by petition in a judicial proceeding or by legal recognition (e.g., by affidavit) of the illegitimate by the parent, or by either method.

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FAQ

Even if you're on the child's birth certificate, your rights are limited. Unmarried fathers, for example, have zero enforceable custody rights, unlike the mother. They also can't apply for child support as a direct knock-on effect.

A parent's rights can be terminated in one of two ways: Voluntary relinquishment: The relinquishment of parental rights must be in writing and acknowledged before a judge or an officer authorized to take acknowledgments.

? ''Putative father'' means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child.

Without proof of paternity, the mother is given sole legal custody of any child. However, if you prove your paternity, then you have a right to ask for partial or total custody of your child. The judge decides based on your means and living situation.

Establishing paternity voluntarily requires the parents to sign a voluntary acknowledgement of paternity (VAP) form. You can obtain the form from the medical facility or hospital where you delivered your baby. However, the father's name won't be included in the child's birth certificate until he signs the VAP form.

If you are an unmarried father, then you don't have automatic paternal rights or access to your child in Kansas. If you and the mother cannot mutually establish your paternity, then you may need to take legal action. The attorneys at Hoffman & Hoffman can help you with family law issues and the court.

If you have questions, ask your medical provider/Child Support worker or Vital Statistics (Kansas Department of Health and Environment). If you choose or need to establish paternity, you may apply for services with your local Kansas Child Support Services office.

Genetic testing can be offered prior to filing an official court action and is offered at no cost through Child Support Services. If the test shows the alleged father is the biological father, then a petition can be filed with the court so an official order declaring the paternity can be entered.

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Kansas Petition By Father of Minor Child For Voluntary Legitimation