Legal Question in Family Law in Kansas
my girlfriend and i had a baby 3 months ago, when he was three weeks old she up and leaves me,now three months later we been talking and seeing each other,last week she told me her mom was going out of town and wanted me to spend the week end with her and the baby, im not totaly sure hes mine, i still love him and i think her and her mom left town, dont know where,it was yesterday or early this morning. my question to you is this, what rights do i have as his father to press charges on them for taking him out of state without my permision,isnt there something i can do?i need this answer as soon as possible, thank you;
charles woodring
1 Answer from Attorneys
The law generally does not settle disputes as to whether the unwed mother can take the child out of the state, where there is not custody order or no custody request pending. In your case, it is unclerar whether paternity has been established. Until that occurs, there is little you can do to prevent her from taking the child anywhere that is not injurious to the child. If you want to get some say in what happens to the child, you will need to file suit for an order of custody. In that case, you will have to prove paternity. Perhaps this will settle your doubts about whether you are the biological father.
If you feel that the child is being taking somewhere harmful, you should contact DFS or the Police. They will investigate and see if there is any evidence of abuse or neglect. Do not take this step lightly. If you truly beleive the child is in harm, make the call. If you just don't like not having any power, and/or want to harass the mother, don't make a false report. If you honestly beleivet eh kid is in danger, you will not get into legal trouble for reporting your honest concerns.
Good luck
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