September 2014 | 50 Kan. App. 2d 180 (2014)

Greer v. Greer (Kansas 2014)

Presumptions of paternity may arise in favor of different men. When the court is faced with two conflicting presumptions of paternity, it is required to conduct a hearing to determine which presumption “is founded on the weightier considerations of policy and logic, including the best interests of the child” before it determines the child’s legal parentage. K.S.A. 2013 Supp. 23-2208(c). There is a strong presumption that a woman’s husband is the father of any child born during the marriage. This presumption exists both at common law and statutorily under K.S.A. 2013 Supp. 23-2208(a)(1). A hearing pursuant to In re Marriage of Ross, 245 Kan. 591, 783 P.2d 331 (1989), is required when (1) there is not a genetic test resulting in a presumption of paternity performed prior to the filing of the paternity action, or (2) a genetic test was completed prior to the filing of the paternity action but the result is inadmissible due to a proper statutory objection being lodged. In addition, a Ross hearing is only required when one man’s presumption is at risk of rebuttal; when no credible evidence exists that the child has a presumed father, a Ross hearing in advance of admitting a genetic test result is not required.

Greer v. Greer.pdf

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