September 2014 | 996 P.2d 841, 27 Kan.App.2d 34 (Kan.App. 2000)

Ferguson v. Winston (Kansas 2000)

Prior to ordering a blood test to determine whether the presumed parent is the biological parent, the trial court must consider the best interests of the child, including physical, mental, and emotional needs (Ross Hearing). The shifting of paternity from the presumed father to the biological father could easily be detrimental to the emotional and physical well-being of any child. The mere filing of a paternity action does not automatically imply that the action is in the child’s best interests. A court must reach this conclusion independently based on the facts in the record.

Ferguson v. Winston.pdf

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