Legal Question in Family Law in Kansas
Child Rights
What kind of rights, if any, does a father have to a child if he has never seen the child in the childs life and the child is now 3 years old?
1 Answer from Attorneys
Re: Child Rights
If the father desires access to the child, he may file a paternity action. The court may need to conduct a "Ross Hearing" to determine whether it is in the best interest of the child to conduct paternity testing. If paternity is established, the court may award parenting time to the father, order child support to be paid, and decide other Parenting Plan issues.
On the other hand, if the father has intentionally avoided significant contact with the child for two years and would be an unfit parent, the mother can file a Petition for Termination of Parental Rights. It is difficult to prove that the father is unfit.