The Importance of Establishing Paternity
Dec. 26, 2024
Establishing paternity is one of the most important steps in establishing security for parents and children. Whether you are a mother seeking to confirm the legal fatherhood of your child or a father wanting to assert your parental rights, establishing can be complicated and often requires legal guidance.
At Rundberg Law, LLC, I have helped countless families in Kansas, including Overland Park, Johnson County, and the adjoining counties, resolve sensitive paternity issues.
Over time, I have learned how deeply these cases impact a family’s future. With personal experience with adoption and divorce, I understand how important establishing paternity can be and I strive to help my clients understand their rights and how to address these matters properly.
Why Establishing Paternity is Important
Establishing paternity creates a legal and emotional bond between a father and child. It provides a clear foundation for parental rights and gives children access to the financial, emotional, and social support they need to thrive. Some of the reasons why establishing paternity is important include:
Parental rights: A father cannot make legal decisions regarding their child, such as those involving school, medical care, or religion unless paternity is legally recognized. Without paternity, a father’s ability to petition for custody or visitation is limited.
Financial support: Establishing paternity allows courts to assign financial obligations, such as child support, so children receive the resources needed for their well-being.
Benefits for the child: Beyond financial support, children can benefit from access to health insurance, inheritance rights, Social Security, and other benefits provided by both parents.
Additionally, having two recognized parents helps children form stronger emotional identities, know where they come from, and cultivate healthy relationships.
For parents, legal recognition of paternity provides a roadmap for responsibilities and rights that is beneficial for resolving disputes. Whether you are seeking child support as a mother or protection of custody rights as a father, paternity establishes the foundation for all legal action involving a child.
Establishing Paternity in Kansas
Kansas law provides several methods to help establish paternity. Understanding these options can help mothers and fathers determine which is most appropriate for their specific circumstances.
Voluntary acknowledgment: Parents can sign an acknowledgment of paternity form. Often completed at the hospital after a child is born, this document confirms both parents’ intent to establish paternity without requiring court intervention.
Presumed paternity: Kansas law automatically presumes a man is the father if he was married to the mother when the child was born or within 300 days of the marriage ending.
Administrative orders: The Kansas Department of Child Support Services can establish paternity when parents cooperate. This option typically involves genetic testing if paternity is contested.
Court action: Either parent can petition the court to establish paternity. If necessary, the court can order DNA testing to confirm paternity. Once established, the court can address parenting time, custody, and financial support.
How a Paternity Attorney Can Help
Paternity cases can be an emotional experience filled with uncertainty. Often, two parents can disagree on custody, visitation, or financial matters, making it difficult to reach an agreement without mediation or legal representation.
An attorney specializing in paternity cases can typically offer the following services:
Guiding you through Kansas’ legal requirements to establish paternity
Filing all paperwork, such as acknowledgment of paternity forms correctly
Defending you facing challenges to their parental rights in court
Advocating for fair parenting time agreements once paternity is confirmed
If you’re hesitant about reaching out for legal guidance, know that legal assistance can simplify some of the toughest aspects of a paternity case so you can focus on what matters most: your relationship with your child.
At Rundberg Law, LLC, I strive to make the process less intimidating while showing my clients clear, actionable paths forward.
FAQs About Establishing Paternity
If establishing paternity feels confusing, you’re not alone. Below are a few common questions clients often ask during their first consultation.
Q: How do I get a DNA test ordered to establish paternity?
A: If paternity is in dispute, a legal petition can request DNA testing. This typically involves the court or Kansas Department of Child Support Services issuing the order and overseeing the process.
Q: Can I challenge established paternity?
A: If paternity tests later contradict previous acknowledgment or court orders, reopening the case may be an option. However, Kansas law has limitations, meaning these challenges should be addressed promptly.
Q: What if the other parent refuses to establish paternity?
A: When one parent does not cooperate, the court can intervene to compel action, including ordering genetic testing if necessary. My firm has experience assisting fathers and mothers in such cases and advocating effectively for their rights.
Q: Will I automatically have custody rights if I establish paternity?
A: No. While paternity establishes legal fatherhood, the court separately determines custody and parenting time based on what it deems is in “the best interests of the child.” Yet, legal recognition is the necessary first step before seeking custody arrangements.
Paternity Attorney Serving Overland Park, Kansas
At Rundberg Law, LLC, I strive to support families through the process of establishing paternity with compassion and understanding. My personal experience with divorce and adoption allows me to relate to the challenges my clients face.
Located in Overland Park, Kansas, I serve clients in Johnson County and the adjoining counties, I guide clients toward clarity and stability for themselves and their children. Reach out today to schedule a consultation.