My husband has a son who is now 4 years old, we haven't heard from him in over a year or seen him. We used to money gram his mom money and she would let it sit there, and say if she took it that ment he had the right to his son. We have jumped through all her hoops for him to be able to be apart of his life and then she got pregnant, changed her number and haven't heard from them since. We want him to be apart of our family and HIs big sister ask about him all the time. My husband is afraid that he has no rights as a dad to fight for his son, but it kills him everyday to not be able to see him.
He needs to go to court. He can have paternity established and get an order for custody/visitation.
The jurisdictional issues in this case can be complicated. Your husband needs to contact a knowledgeable lawyer as soon as possible. Time is of the essence.
First, the good news: Under the Kansas Parentage Act (K.S.A. 23-2201 et seq. available on the internet at: http://www.kslegislature.org/li_2014/b2013_14/statute/ [specifically K.S.A. 23-2206]) “the parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.” Also, K.S.A. 23-3204 states:
“Neither parent shall be considered to have a vested interest in the custody or residency of any child as against the other parent, regardless of the age of the child, and there shall be no presumption that it is in the best interests of any infant or young child to give custody or residency to the mother.”
Second, the bad news: If the child has been residing outside of Kansas for 6 months and your husband did not establish his rights prior to the child leaving Kansas, the law of the state where the child has resided the last 6 months may apply.
Now for the big questions: Where does the child the live now? How long has he lived there? Has the child been adopted? What actions has your husband taken to act as a parent?
I tell young lawyers that: If the father wants to be a father, it is critical that the father file suit to determine parentage and establish support as soon as he knows about the pregnancy. Even though the child is not born yet. The suit has to be filed sometime!
In re Adoption of A.A.T., 287 Kan. 590, 196 P.3d 1180 (2008) ( a slip opinion is available on the web as http://www.kscourts.org/Cases-and-Opinions/opinions/supct/2008/20081212/98740.htm), is an extreme case. But it shows the problems a father faces when the mother is adverse.
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