Legal Question in Family Law in Kansas

How is child custody is estabilished other than court?

I am the natural mother of all 3 of my kids. The father's name is not onthe birth certificate of the first 2, but his name is on the birth certificate of my youngest. He was told that the only way to estabilish custody was in court. I always thought that since her mailing address is with me, that I had residential custody at least. Now I am hearing from people in the town where he lives that he has been asking about custody because on one of the weekends that he has my youngest he may not bring her back. He was told that if he did this there was nothing I could do until it went to court. I am wondering which is correct. Do I have residential custody or do I need to go to court and get something stating that I have custody? I do not want to ave to pay the court costs, etc... if I have residential custody already estabilished with her receiving mail. I have birthday cards and other miscellaneous things that she has received in the mail to prove where her mailing address is. Any help would be deeply appreciated. Thank you.


Asked on 1/17/03, 11:47 am

1 Answer from Attorneys
Mark Reiter

Re: How is child custody is estabilished other than court?

I am assuming you and the children's father were never married. Absent a court order regarding custody (which is typically done in a divorce decree, and sometimes at the conclusion of a paternity hearing) both you and the child's legal father have an equal right to custody of the child. If you are concerned about your informal custody arrangements, you should consider hiring an attorney to assist you in petitioning the court for a formal custody order for the youngest child. Good luck. If you are located near Kansas City, feel free to give me a call for further assistance.

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Answered on 1/17/03, 11:59 am


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