Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

How after a child's birth does a biological father have to…

Customer Question
How long after a child's...
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: 2 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 1 hour by:
2/19/2016
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,974
Experience: B.A.; M.B.A.; J.D.
Verified

In what state does the child reside?

Ask Your Own Family Law Question
Customer reply replied 2 years ago
kansas
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 years 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

Ask Your Own Family Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,974
21,974 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I have a visitation order for my son and his mother will not
I have a visitation order for my son and his mother will not allow me to see him since her child support has been reduced. How do I resolve this? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,154 satisfied customers
I was wondering how do I file for paternity for my daughter.
I was wondering how do I file for paternity for my daughter … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,154 satisfied customers
Can a paternal grand mother sue to get visitation rights
Can a paternal grand mother sue to get visitation rights when her son the father is mentally disabled and blind? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,225 satisfied customers
My husband (of 20 years) was just served with a paternity
Hi, my husband (of 20 years) was just served with a paternity suit involving two children (9 and 4), from a woman he'd been having an extra-marital affair with. He doesn't know for certain whether he … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
134 satisfied customers
If a paternity test comes back positive does the father have
If a paternity test comes back positive does the father have to legitimize the child if he was under the belief his partner was on birth control? … read more
Jessica B
Jessica B
Juris Doctor
1,235 satisfied customers
I have a question about talking a paternity test for a
good afternoon, i have a question about talking a paternity test for a child … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,522 satisfied customers
When paternity has never been proven within the time limit
when paternity has never been proven within the time limit set by statute and a putative fathers name is ***** ***** certificate of birth, without expressed consent , is the certificate a nullity ? … read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
Trying to get information on how to sue a mom for paternity
trying to get information on how to sue a mom for paternity fraud … read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
My lawyer filed a paternity action even though I was already
Hi, my lawyer filed a paternity action even though I was already the paternal father … read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
Need information on how to get a paternity test for my
need information on how to get a paternity test for my husband who is in jail but he recently found out he may be the father of a 15 year old girl. Her mother is deceased and she lives with the suppos… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,522 satisfied customers
We are the paternal grandparents of 3 granddaughters and our
We are the paternal grandparents of 3 granddaughters and our son their Dad is deceased. We went to court on Monday after petitioning the court for visitation. We have had a very close relationship wit… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
The mother of my daughter has refused me visitation time
The mother of my daughter has refused me visitation time until we go to court we were never married. She states I can only see her in her home but the home she is in is hostile and the mother has stat… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
What process is requiered to prove biological paternity?
What process is requiered to prove biological paternity? … read more
LegalGems
LegalGems
Juris Doctorate
12,219 satisfied customers
Do paternal grandparent have rights to a minor child in
Do paternal grandparent have rights to a minor child in state of Colorado … read more
Michael Bradley
Michael Bradley
JD
1,421 satisfied customers
Im noncustodial mother with overnight visitation rights that
Im noncustodial mother with overnight visitation rights that since final trial ended my visitations haven't been met. The reason keepers on changing till couple months ago stating I'm not falling orde… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
21,974 satisfied customers
Is it legal for mother to visit Child at Daycare or school
Is it legal for mother to visit Child at Daycare or school during dad”s custodial time? I haven't seen my son for 4 days and I really miss him. I planned to see him briefly and give him a toy. Would i… read more
Jessica B
Jessica B
Juris Doctor
1,235 satisfied customers
I was sent a non parentage judgment reject sheet for a
I was sent a non parentage judgment reject sheet for a divorce in CA of a marriage of over ten years. *The issue of spousal support must be addressed. My soon to be ex-wife and I want to terminate spo… read more
Ray
Ray
Lawyer
Doctoral Degree
32,944 satisfied customers
What happens if a mother does not show up for a paternity
what happens if a mother does not show up for a paternity hearing … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,225 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x