Legal Question in Family Law in Kansas
waiving of parental rights
My granddaughters biological father has not had contact for 4 yrs. He has not paid child support and wants to relinquish parental rights. My daughter is remarried but no adoption plans. Is it true that in Kansas she has to have a father? The father lives in Minnesota. Should he file for waiver there? Everyone is agreeable, should there be a problem? No judge has ever made a decree regarding my granddaughter.
1 Answer from Attorneys
Re: waiving of parental rights
A KS Court will not bastardize a child. . .which is what occurs when a severance of a father's rights is accomplished. . .unless it is in the best interest of that child. What you must not realize is that, a child has a right to financial support from each of his/her parents. . .a parent may not waive that right. A KS Court may concede that severance is in the best interest of the child, however, child support would be calculated and possibly the father would be required to pay an arrearage of support even tho severance occurred. Has the child been given services by the State of KS? The cost of those services may be ordered reimbursed by the father. You can see that there are many issues involved. . .contact legal counsel and tie up all the loose ends which have been neglected. This child's rights have yet to be enforced.