When a child is born to two parents who are not legally married, the father is not automatically recognized as being the child’s legal father at the time of birth. The child’s maternity is established by giving birth. In the state of Kansas, a father’s paternity must be evidenced by a legal finding of paternity through the District Court, or in the absence of a legal finding of paternity, by signing an acknowledgement of paternity form consistent with K.S.A. 2204(b). This form must include or have attached to it a written description of the rights and responsibilities of establishing paternity.

https://www.kdhe.ks.gov/DocumentCenter/View/19034/Paternity-Consent-Form-for-Birth-Registration-PDF

Being named the father on a child’s birth certificate presumes paternity (K.S.A. 2208(a)(4)). But this presumption may be rebutted by clear and convincing evidence, and by a court decree establishing paternity of the child by another man.

In Kansas, being named on a child’s birth certificate is not enough to establish legal custody and parenting time between a parent and child. A legal paternity action must be filed before custody and parenting time can be established. 

If you are presently sharing custody and parenting time with your child’s other parent, but do not have a legal paternity order in place, your child’s best interests are not being protected. To protect your child’s right to an uninterrupted relationship with both parents, a legal paternity action with custody and parenting time orders is essential. This does not have to be an adversarial process! Two parents can jointly agree to orders to ensure their child is afforded a safe opportunity to have an ongoing relationship with both of them. If you or someone you know needs help with this process, please contact us!