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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17522
Experience:  B.A.; M.B.A.; J.D.
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How after a child's birth does a biological father have to

Customer Question

How long after a child's birth does a biological father have to pursue custody or visitation rights to that child?
The biological mother is married and became pregnant during an affair. The mother didn't want to acknowledge that the child wasn't her husbands. The biological father has kept in contact with both the mother and child until the child was 4 months old. Now the mother wants only the husband to have any said parenting rights.
Does the biological father still have rights to a now 5 month old child??
Submitted: 9 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 9 months ago.

In what state does the child reside?

Customer: replied 9 months ago.
kansas
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information.

Your Questions:

How long after a child's birth does a biological father have to pursue custody or visitation rights to that child?

Response 1: At any time until three years after the child reaches the age of majority. See Kansas Parentage Act Section 23-209. Age of majority in Kansas is 18.

The biological mother is married and became pregnant during an affair. The mother didn't want to acknowledge that the child wasn't her husbands. The biological father has kept in contact with both the mother and child until the child was 4 months old. Now the mother wants only the husband to have any said parenting rights.

Does the biological father still have rights to a now 5 month old child??

Response 2: Yes. The biological father can still file for Establishment of Paternity. This would get messy very quickly. The presumption is that a child born of the marriage is a child of the husband and wife. So, the biological father has no rights until he has been established by the Courts to be the father. A DNA test would be ordered proving paternity before the biological father can be granted custody and visitation rights. You can obtain paternity forms at the Courthouse in the County where the child resides in the Clerk's office.

You may in the alternative retain a local Attorney who handles paternity issues to assist you with the case. You can use the following sites to find local Attorneys:

Lawyers.com

Justia.com

Findlaw.com

Consumeradvocates.org