The days when a mother stayed at home and always got custody of the children are left in the past. Now when it comes to caring for children fathers have the same rights as mothers do. In today`s world, both parents work to bring home the bacon and quite often it is a father, not a mother who stays at home with kids.
It is a remarkable change in the family dynamics and the society in the whole. There are even established rules concerning the father`s rights. Let’s consider Paternity in Kansas in greater detail.
People who have children understand the strong and unbreakable bond parents share with their kids. This bond is so significant that there are state laws to protect the rights of both parents and children. The State of Kansas is not an exception.
For Kansas kids court cases, it has not been uncommon for mothers to see their rights honored more than fathers` ones. Besides, more and more emphasis is placed on the role that fathers play in kid`s life. Consequently, when it comes to children, more importance has been placed on upholding father`s rights.
Traditionally, mothers have most been regarded as the primary kids` caregivers, acting as their nurturers, supporters, and protectors. While mothers are very successful in this role, it has also been admitted that fathers play a significant role in kid`s lives as well. Fathers are similarly capable to care, nurture and support their children, acting as effective disciplinarians at the same time. Besides, the study has shown that kids with doting and supportive fathers start to develop their language much earlier, enhance their social skills and do better academically.
Change is all around us. Moral values and social norms change too. The Kansas State is not the exception. In Kansas between 1950 and 1980, the percentage of kids born out of wedlock jumped up from 4,5 % to 18,4 %. By 1994 that number had a remarkable leap again, to 32 %.
You may be surprised, why does this matter? The Kansas State law makes it essential. Married couples are established as the parents of every baby they have by default. But as for unmarried couples, they have to go the extra mile to ensure they and their kids are safe and protected. For couples who are not married, the legal procedure, first of all, starts with the “Establishing paternity” as the baby’s father isn’t automatically considered as a birth father.
“Establishing paternity” means that the baby`s biological father becomes a father within the law.
The most important thing a father can do in protecting Kansas paternity rights is to establish himself as a kid’s legal and biological father. When a kid is born to married parents, it is automatically assumed that mother`s husband is also a legal and biological father. In this case, parents don’t need to prove paternity, and the father`s name is put on the baby’s birth certificate automatically. But if the couple is not married, the paternity establishment can become more difficult as parents need to go the extra mile to prove that alleged father is baby`s legal and biological father.
There are two possible ways for unmarried couples to establish paternity:
In the case of positive answer, the court issues a final paternity judgment which signifies that the paternity is formally established. After that, a father`s name will be added to the baby’s birth certificate. Also, the court will enter an order concerning the financial obligations (education, medical treatment) and make a decision about the custody, visitation, and residency. Sometimes parents have already a parenting plan, so the court can use it if it is in the kid`s best interests.
There is a significant number of positive moments in establishing paternity, which directly benefits the father and a kid. By establishing the paternity, kid`s legal and biological father gets a right to seek child custody and visitation in a court of law.
Beyond that, a father obtains the right to have a voice in important decision- making concerning the kid including the medical treatment, education, extracurricular activities, religious upbringing, etc. Most significantly is that it provides an opportunity for a father and kid to build a strong connection and establish a relationship of trust.
Kansas fathers who need legal information to child custody should become acquainted with their rights under the Kansas State law. The father`s rights to child custody may be dependent on whether he is married to a kid`s mother or not. Unmarried fathers should establish their paternity rights under the Kansas State law. Once the paternity is established, a father can request the custody arrangements and negotiate a parenting plan with a kid`s mother.
A Parenting Plan intends to determine where a kid lives, when a kid spends the time with each parent, including weekends, school vacations and holidays. A Parental Plan also covers religious and educational principles under which both mother and father will bring their kid up. If mother and father can’t reach the consensus on a parenting plan, the Kansas court may require negotiations with the help of a mediator.
Should a couple with kids decide to break up, either by divorce or otherwise, they need to determine child custody issues with the help of the court system. When such cases are brought to Kansas State Court, and it comes to making the important child custody and support decisions, the judge is guided by the child’s best interests.
Therefore, judges need to make the custody orders in a manner that complies with the kid`s demands and interests the best, regardless of the mother and father`s desires.
The Kansas State awards both legal and physical custody. The first one provides both parents with a right to be involved in decision making concerning the kid`s upbringing and well-being. The second one provides both parents with a right to decide how kid`s time will be divided between two parents and their households.
The judges in the Kansas State prefer to award joint legal custody both to kid`s mother and father unless the best interests of the kid`s standard dictate a better option.
Alongside this, the Kansas State Law does not dictate that a kid automatically stays with a mother. Again, to determine physical custody, the best interests of child standard are considered.
Giving birth to a kid, a mother automatically establishes her parental rights, while a father who is not married to kid`s mother must get legal recognition of his paternity. Unmarried parents can sign a Declaration of Consent to an Acknowledgement of Paternity to voluntarily identify the child’s father with the Kansas Department of Health and Environment.
Also, if parents do not sign a Declaration of Consent to an Acknowledgement of Paternity, a father can file a paternity suit with Kansas State Court requesting a court judgment to recognize him as a kid`s father. Once the legal recognition of the parent-child relationship is received, a father has a right to request custody and visitation.
When a married woman gives birth to a child, Kansas law generally supposes that her husband is a kid`s biological father. Also, in accordance with the Kansas State law, if a woman gives birth to a child within 300 days of the couple’s divorce, her ex-husband is considered as the kid`s biological father. Under the Kansas Law, a man who alleged to be a father has parental rights and can initiate court proceedings to request child custody. Besides, a father has right to make decisions regarding child custody as part of their divorce cases.
As it was already mentioned, when it comes to choosing the appropriate type of child custody, the Kansas court considers the child’s best interests.
The Kansas court acknowledges several types of child custody arrangements, but it prefers to grant joint custody. It means that both parents can render parenting decisions even if a kid primarily lives with one parent and has scheduled visits with the other.
If for any reason one parent can`t implement the custody rights, the court can provide sole custody to one parent, allowing that parent to make all parenting decisions. A kid will live with a parent who has sole custody, while the other parent may have scheduled visitations. In rare cases, the Kansas Court award split custody, when one or more of the children stay with the father, and that of one or more of the other children stay with the mother.
When a father and mother want to share children custody after the breakup or divorce, the Kansas Judicial Branch requires creating a parental plan to share their rights. The parenting plan may address such topics:
If under the best interests of the children standard a father is granted physical custody, for mother it is not common to be ordered to pay child support.
Child support is a money payment to a kid`s primary custodian to help with such kid`s expenses as shelter, food, clothing, education, etc.
Father who has been granted physical custody have just as much of a right as a mother do. Also, parents have the same rights to get help for child support enforcement from the Kansas Support Services office (CSS).
In accordance with the Kansas State law, both mother and father have the same rights to make decisions concerning their kids` well-being and upbringing and spend time with them. While it is indeed the case, quite often fathers not understand the rights, they have resulting in unfavorable court decision when it comes to child custody or child support. For this reason, it is important to consult a lawyer who specializes in father’s rights for the Kansas State. A layer can help to explain the father’s rights and ensure these rights are upheld during the case.
When a child lives with a parent who has full custody, for the second one it is may be difficult to keep track of kid`s life and be sure a kid is not involved in such dangers as cyberbullying, sexing, interaction with online predators. For this reason, the Kansas State parental controls like mSpy come may come in handy.
Monitoring kid`s smartphone activities, including the GPS location, call logs, texts, instant messenger and browsing history, the other parent may get useful insights into their kid`s life, interests, preferences, and hobbies, preventing online dangers and unwanted exposure.