In re Parentage of W.L. and G.L. (Kansas 2023)
A judgment entered by a court with proper jurisdiction is final and not subject to collateral attack. In this case, a stepparent filed to establish parentage of children several months after the district court adjudicated another person’s parentage. The stepparent claimed presumptions of parentage under K.S.A. 2021 Supp. 23-2208(a)(3)(A), (C), and (a)(4). The legal parents,…
Read MoreIn re Parentage of MF (Kansas 2022)
In this ongoing parentage case, the Kansas Court of Appeals upheld a district court’s determination that a birth parent successfully rebutted a presumption of the appellant’s parentage. The case was heard on remand from the Kansas Supreme Court, who sent it back for the district court to apply the proper parentage test. First, the party who wishes to be declared a legal parent must satisfy one of the statutory presumptions in K.S.A. 23-2208(a). If the presumption is established, then the other party must rebut it by clear and convincing evidence, by court decree establishing paternity of someone else, or an application of the test for competing presumptions. If the presumption is rebutted, the burden shifts back to the other party to prove the existence of a parent-child relationship by a preponderance of the evidence.
Read MoreIn re Parentage of C.R. (Kansas 2022)
When faced with competing paternity presumptions, the court must decide which presumption is based on weightier considerations of policy and logic. This child had two potential legal fathers, P.R. and J.P. P.R. agreed to have his name on the child’s birth certificate, knowing that he wasn’t the child’s biological father. J.P. was the child’s biological father. An initial paternity order named P.R. the child’s legal father. Several years later, J.P. filed to intervene claiming he hadn’t received notice of the initial paternity action.
Read MoreIn the Matter of the Parentage of A.K. (Kansas 2022)
When there are two competing presumptions of paternity, the court must determine which presumption if founded on the weightier consideration of policy and logic, including the best interests of the child. This child in this case has two possible legal parents, A.M., who was in a relationship with the child’s mother at the time of the child’s birth, and Q.K., a stepparent. A.M., by her actions, notoriously recognized parentage at the time of the child’s birth. Q.K. was a presumptive parent because he married the child’s mother and added his name to the child’s birth certificate as her father.
Read MoreIn re Marriage of Flanders (Colorado 2022)
A caretaker, who receives parental responsibilities in a dependency proceeding, doesn’t necessarily qualify as a psychological parent for the purposes of child support. A dependency order gave a grandmother parenting responsibilities for her grandchild and ordered the child’s parents to pay support. After beginning regular visitation, the father filed to modify the order and requested the grandmother be considered a psychological parent who could be ordered to pay support, citing In re Parental Responsibilities Concerning A.C.H., 2019 COA 43 (Co. Ct. App. 2019).
Read MoreWebber v. Randle (Mississippi 2021)
An estate administrator has an obligation to determine the heirs and can challenge paternity. An estate administrator, the widow of the decedent, filed to determine heirship. The decedent had four children: two born during his first marriage, one with the widow, and a child for whom paternity had yet to be established. His widow, the administrator of his estate, filed to determine heirship. The chancery court ordered DNA testing of all four children. The results showed a high probability that the children of the ex-wife and the children of the widow were not related, which meant the decedent was not the biological father of the two children from his first marriage.
Read MoreFriday v. Miss. Dep’t of Human Services (Mississippi 2021)
A paternity action must be brought before a child turns 21. The Mississippi Department of Human Services filed to establish paternity for a child who at the time of filing was 20 years old. The father filed several motions to dismiss, arguing the child had turned 21 and the case shouldn’t proceed. The Chancery Court entered an order adjudicating the father’s paternity and ordering a year of support. The father appealed.
Read MoreWarren County DSS v. Garrelts (North Carolina 2021)
A determination of paternity affects a substantial right. As such, the applicable law when determining paternity is the law of the “situs of the claim” or in other words, the law of the state where the claim arises. The mother and defendant, who lived in Virginia, agreed the defendant would donate sperm for artificial insemination. The insemination happened in Virginia, the child was born there, and lived there until moving to California. In California, the mother began receiving public assistance. At California’s request, North Carolina brought a paternity action.
Read MoreState ex rel. Secy’ v. Cares (Kansas 2021)
A voluntary acknowledgement has the effect of an order of paternity and the statutes designate specific timeframes for recission. The State brought an action to enforce a child support order against the father. The father argued the voluntary acknowledgement of paternity, which was signed four years prior, was void. The district court found no basis to set aside the paternity acknowledgement. The father appealed.
Read MoreIn the Interest of KLW and JLW (Colorado 2021)
The Colorado Uniform Parentage Act (UPA) does not allow for a child to have more than two legal parents. When there are two competing unrebutted presumptions, the court must decide which presumption controls based on the weightier considerations of policy and logic. The children in this case had three possible parents: their mother, CLF, who was in a relationship with their mother, and their biological father. The children were removed from their mother in a dependency and neglect action. CLF filed a motion to declare her as the mother of the children. Following a hearing, the juvenile court named the biological father as the legal parent, and CLF appealed.
Read MoreGreer v. Greer (Mississippi 2021)
A parent who fails to pursue a paternity challenge will not be provided with post-trial relief. The mother became pregnant while separated from the father. The parents reconciled and the baby was given the father’s last name. When the parents filed for divorce, the father requested genetic testing for the younger child. His request was granted, and he was ordered to schedule and pay for the testing, which he failed to do. He also didn’t appear at the divorce hearing. In the final decree, he was ordered to pay support for the parties two children. The father appealed arguing the court should have determined paternity for the younger child before granting the divorce.
Read MoreIn re Estate of Yudkin (Colorado 2021)
A common law marriage may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct that supports this agreement. All the circumstances must be considered to find the agreement. In this probate case, the husband died intestate. His ex-wife petitioned to be the personal representative of his estate. His “wife” sought removal of the ex-wife and appointment as the personal representative as his common law wife. The district court found no marriage existed under the test in place, and the common law wife appealed.
Read MoreIn re Marriage of LaFleur and Pyfer (Colorado 2021)
The recognition of the right for same-sex couples to marry in Colorado didn’t preclude couples from entering into common law marriages prior to that date. In 2003, Pyfer and LaFleur, a same-sex couple, exchanged rings and held a ceremony acknowledging their commitment. In 2018, Pyfer filed for dissolution of marriage. LaFleur argued they were not married as same-sex marriage wasn’t recognized in Colorado until 2014. Evidence showed that Pyfer had proposed to LaFleur and the men held a ceremony. Pyfer held himself out as married and listed LaFleur as his spouse on legal documents. Based on this evidence, the district court found the parties entered into a common law marriage and divided their assets accordingly. Pyfer appealed the property division, and LaFleur appealed the determination of a valid marriage.
Read MoreIn re Marriage of Hogsett and Neale (Colorado 2021)
A common law marriage may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct that supports this agreement. The court must consider all relevant factors to determine if the parties had an agreement. The same-sex parties in this case were in a relationship from November 2011 to November 2014. They never married even after that became an option in October 2014. The parties separated and filed a petition for dissolution of marriage. They mediated their issues and dismissed the petition without the need for a determination as to their marital status. Later, Hogsett sought retirement assets and maintenance. Neale objected, arguing the parties were not married. Hogsett filed a second petition for dissolution stating that the parties were married at common law.
Read MoreBaxter v. Rowan (Tennessee 2020)
A valid paternity acknowledgement is the equivalent of a paternity order and grants a parent standing to sue for visitation. The father signed a paternity acknowledgement and several years later filed for visitation. The trial court granted the visitation. The mother appealed the final order for several reasons. Relevant to child support, she argued the father didn’t have standing to sue for visitation because the paternity acknowledgement was not a final parentage order.
Read MoreState of Tennessee ex rel. Kimberly C. v. Gordon S. (Tennessee 2020)
A voluntary acknowledgement of paternity (VAP) is a legal finding of paternity but can be set aside for material mistake of fact. The burden of proof is on the parent challenging the VAP. The father signed a VAP knowing that he was not the child’s biological parent. The parents broke up, and the State filed to establish support. The father filed to dismiss the petition, arguing that there was a material mistake of fact and he requested genetic testing. The juvenile court denied the request for genetic testing, declined to set aside the VAP, and ordered support. The father appealed.
Read MoreBenjamin M. v. Jeri S. (Nebraska 2020)
An unrescinded and unchallenged acknowledgement of paternity is a legal finding of parentage. The parents had two children, and the father has signed an acknowledgement of paternity immediately following the birth of both children. Years later, the father filed to establish paternity, custody, support, and parenting time. He subsequently amended the complaint to take out…
Read MoreIn re MF (Kansas 2020)
A same-sex partner, who didn’t give birth to a child, can be recognized as a parent using K.S.A. 2019 Supp. 23-2208(a)(4) when the child’s birth parent consented to shared parenting at the time of the child’s birth. This case came before the Supreme Court on appeal from lower court decisions denying a same-sex partner parentage…
Read MoreIn re W.L. and G.L. (Kansas 2020)
The unmarried partner of a same sex couple can be recognized as a legal parent under K.S.A. 2019 Supp. 23-2208(a)(4) presumption of maternity. The appellant filed to establish parentage of the twins born to her same-sex partner. The district court denied the petition, which the court of appeals upheld. The Supreme Court reversed. An unmarried…
Read MoreState v. Sands (Kansas 2020)
A motion to set aside a default judgment of paternity must be filed within a reasonable time. In 2014, a default paternity order established the father’s support obligation. He notified the district court of his intent to have the order set aside but never filed anything. He paid a small amount of support before he…
Read MoreIn the Matter of the Paternity of AAE, TE v. Wy. Dep’t of Family Services (Wyoming 2020)
A nonparty has no standing to participate in an action. A court can’t deny a petition to establish paternity once a genetic test is completed and the results meet the statutory threshold. The Wyoming Department of Family Services (DFS) filed to terminate the parental rights of the mother, the child’s presumed father, and the child’s…
Read MoreTyler F. v. Sara P. (Nebraska 2020)
A properly executed paternity acknowledgement conclusively established paternity and cannot be set aside without a showing of fraud, duress, or material mistake of fact. The Nebraska paternity statutes do not currently account for multiple legal parents for a child. This case is the latest appeal in an ongoing paternity action. On remand from Tyler F.…
Read MoreIn re Easton (Tennessee 2020)
This appeal turns on the procedural differences between an action for dependency/neglect as opposed to an action for a paternity/visitation. The biological father of this child started this action by filing, pro se, a dependency/neglect petition in juvenile court, in which he clearly pled for custody of the child or alternatively, visitation without an obligation…
Read MoreState v. Ian K. (Nebraska 2020)
The state is not authorized to bring a paternity action for a child who is not born out-of-wedlock. The mother and husband were married and had a child. Genetic testing later proved the husband wasn’t the child’s biological father. The State filed a petition to establish paternity for the biological father and effectively disestablish the…
Read MorePope v. Fountain (Mississippi 2019)
In a paternity proceeding, all necessary parties must be joined. The child who was the subject of this case had a presumed and biological father. The biological father filed to establish paternity, and the mother responded. The presumptive father was not joined as a party to the action even though he was ordered to pay…
Read MoreSpencer Diaz v. Department of Human Services, State of Mississippi and Lora M. Ledet
A technical error will not render a paternity acknowledgement void. When the mother and father met, the mother was already pregnant. The father signed a paternity acknowledgement several months after the child’s birth. Several years later, the parents separated, and the state of Mississippi filed to establish support. The father filed to disestablish paternity, claiming…
Read MoreState of Kansas v. Manson (Kansas 2019)
A voluntary acknowledgement of paternity must be revoked before the child turns one otherwise the parent-child relationship is permanent. The state of Kansas filed to establish support against the father for the benefit of a two-year-old child. The father had signed a voluntary acknowledgement at the child’s birth. At the hearing, he produced genetic test…
Read MoreIn re M.F. (Kansas 2019)
For an oral parenting contract to be enforceable, the parent must show a meeting of the minds on all essential elements. K.L. and T.F., same-sex partners, were in a long-term relationship. T.F. gave birth to M.F. using artificial insemination. The women had no written parenting agreement. They later separated, and K.L. filed a parentage petition.…
Read MoreState v. Julio G. (Nebraska 2019)
In Nebraska, an indigent parent is entitled to court-appointed counsel in paternity cases. The state of Nebraska filed a support action against the father and attached an acknowledgment of paternity. The father challenged the acknowledgment. He testified that he spoke no English, read no English, and did not understand what he was signing. The court…
Read MoreDowding v. Dowding (Nebraska 2019)
A signed and notarized paternity acknowledgement is a legal finding, which can only be challenged on the basis of fraud, duress, or material mistake of fact. A challenge to an acknowledgment must be properly before the court. The parents had a child, and the father signed a paternity acknowledgement immediately after his birth. Several years…
Read MoreIn the Matter of W.L. and G.L. (Kansas 2019)
To prove parentage, an unmarried person must first show a presumption of parentage by a preponderance of the evidence. The burden then shifts to the responding parent to rebut the presumption by clear and convincing evidence. This case involves parentage for twins born to same-sex partners using artificial reproduction. The partners never married or entered…
Read MoreIn re ACH (Colorado 2019)
An established psychological parent, who has sought and obtained an allocation of parental responsibilities, can be ordered to pay child support. In this case, the mother had a child from a previous relationship. The mother and father had their own child. The mother and father separated and shared equal parenting time with both children. In…
Read MorePruitt v. Pruitt (Tennessee 2019)
In order for a judgment to be set aside under Rule 60.02, there must be a material mistake of fact. A father who knows he is not a child’s biological parent, yet signs a paternity affidavit and agrees to pay child support in a divorce, is not operating under a mistake of fact. In this…
Read MoreBryson L. v. Izabella L. (Nebraska 2019)
The appellate court only has jurisdiction over timely-filed appeals. The mother and father divorced in November 2016, and the father was awarded custody of the child. In September 2017, an alleged father filed to intervene in the divorce action, stating he was the child’s biological father. The district court denied his motion. The alleged father…
Read MoreOsborn v. Anderson (Kansas 2018)
An annulment order doesn’t revoke a paternity acknowledgment without language to that effect. In this case, the father signed a paternity affidavit knowing that he wasn’t the child’s biological father. The father and mother married, but ended their marriage with a judicial annulment. The annulment order stated no children were born of the marriage. The…
Read MorePeople in the Interest of D.C.C. (Colorado 2018)
Once a juvenile court declares a child dependent or neglected, the juvenile court has jurisdiction over all matters pertaining to that child, including paternity. The father appealed a juvenile court order dismissing him from a dependency and neglect action. The juvenile court dismissed the father based on a child support court order for non-paternity. The…
Read MoreState on behalf of Marcelo K. & Rycki K. v. Ricky K. (Nebraska 2018)
Only final orders are appealable. By final, the order must dispose of all of the issues. Ricky K. was the acknowledged father of two children. The State filed an action to establish support. Ricky filed an answer and cross-claim, alleging he was not the father of one of the children, and requesting joint custody and…
Read MoreIn re Biehl (Kansas 2018)
A paternity order may not be final for appellate purposes if it doesn’t address child support and other matters incident to the paternity establishment. The mother in this case appealed the denial of her motion to set aside a journal entry to paternity. The appellate court found it had no jurisdiction to hear the appeal…
Read MoreKline v. Holmes (Kansas 2018)
The presumption of paternity is not conclusive and can be rebutted with clear and convincing evidence. The rebuttal can also be overcome. In this case, the district court established parentage for a child who was born to a same-sex couple by applying the presumption that the “notorious” presumption. The biological mother of the child appealed,…
Read MoreStrickland v. Strickland Day (Mississippi 2018)
An anonymous sperm donor is not the legal father of a child and has no parental rights. A same-sex couple married and had a child using artificial insemination. One partner carried the child. The parents divorced, and the Chancery Court found that the child was born during the marriage, but not of the marriage. While…
Read MoreFetherkile v. Fetherkile (Nebraska 2018)
A paternity determination made pursuant to Neb. Rev. Stat. § 43-512.04 is res judicata as to that issue. In this case, the mother and father stipulated to a paternity and support order prior to filing for divorce. The parents then filed for divorce, and the mother testified the father was not the child’s biological father.…
Read MoreIn re Michael J. (Tennessee 2018)
A copy of a genetic testing report is not eligible for judicial notice. This case involves a paternity action that was first heard in front of a magistrate, who ordered genetic testing. The results showed a 99.9% probability of paternity, and the magistrate entered an order. The father requested a rehearing before the juvenile court.…
Read MoreMitchell v. Moore (Mississippi 2017)
The dismissal of a paternity complaint is not a jurisdictional bar to the refiling of the complaint. In this heirship action, relatives of the deceased challenged his child’s status as his heir, arguing that the paternity order was void. The Department of Human Services filed the initial paternity complaint in 2007 and then dismissed it…
Read MoreState ex rel. Schrita O. v. Robert T. (Tennessee 2017)
A mother has standing to bring a paternity action in juvenile court even if the child has a legal guardian. In this case, the grandfather of the child had been his legal guardian since birth. On appeal, the father argued that the court did not have subject matter jurisdiction to decide the claims because mother…
Read MoreErin W. v. Charissa W. (Nebraska 2017)
A court did not abuse its discretion in denying a motion for genetic testing in a divorce proceeding where the child was born during the marriage and the father had held out and supported the child as his own. Prior to their marriage, the mother told the father he might not be the child’s biological…
Read MoreFisher v. Davis (Kansas 2017)
A final paternity judgment can be set aside if it is based on an error of law and no reasonable person would take the trial court’s view. In this case, the father signed a paternity acknowledgement based on the results of a home paternity test. The father filed a paternity action and a journal order…
Read MoreState ex rel. Secretary for Dep’t for Children and Families v. Smith (Kansas 2017)
A Voluntary Acknowledgement of Paternity (VAP) binds the signers unless it is revoked in the statutory time period. It does not create a presumption of paternity, as the father in this case argued. The father also argued the VAP did not qualify as an acknowledgement because it lacked certain formalities and that the VAP did not…
Read MoreTyler F. v. Sara P. (Nebraska 2016)
An individual may not bring a paternity action as the next friend of a child if the child has a parent who is already acting in that role. The next friend is meant to be used when the child does not have a parent or guardian who can act on its behalf. In this case,…
Read MoreIn re Lucius H. (Tennessee 2016)
The Uniform Commercial Code (UCC), which governs commerical contracts and transactions, does not apply to paternity actions. In this case, the parent admitted paternity, but cited the UCC in support of his argument that he did not agree to the birth of the child and should not be liable for support. Once paternity is established, the…
Read MoreIn re Adoption of Jaelyn B., Jesse B. v. Tylee H. (Nebraska 2016)
A Nebraska court must give full faith and credit to a valid paternity determination from another state and apply the law of that state when making decisions about the parent’s rights. In this case, a lower court improperly allowed the adoption of child without notice to the legal father, whose paternity had been established through…
Read MoreBryan M. v. Anne B. (Nebraska 2016)
When filing a paternity action, a potential father cannot file as a next friend to the child to get around the statute of limitations. A next friend is a person who is significantly connected to the child and who is bringing the action for the child’s benefit.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date
Read MoreState on behalf of AE v. Buckhalter (Nebraska 2007)
A father, who receives proper notice of an action and fails to answer or appear at an initial hearing for paternity, is not entitled to further notice of hearings; the State’s decision not to present evidence of an unverified genetic test did not violate the NCP’s due process and was not sufficient to set aside…
Read MoreState v. Batt and Filbert (Nebraska 1998)
Even when a child has a presumptive father, a later action to determine paternity is not barred although clear and convincing evidence is necessary to rebut presumption.
Read MoreAlicia C v. Jeremy C (Nebraska 2012)
The state statutes allow fathers whose paternity was adjudicated in a divorce decree to challenge the paternity determination at a later date.
Read MoreState on behalf of BM v. Brian F (Nebraska 2014)
A motion to modify support cannot be converted into a motion for disestablishment even if the father attaches a genetic test showing he is not the biological father of child
Read MoreCesar C v. Alicia L (Nebraska 2011)
The proper effect of a signed, unchallenged acknowledgment of paternity is a finding that the individual who signed as the father is the legal father.
Read MoreJamie N v. Kenneth M (Nebraska 2015)
The doctrines of issue preclusion and res judicata do not bar a subsequent paternity action when the court did not have jurisdiction over the earlier proceedings.
Read MoreLP v. LF (Wyoming 2014)
Wyo. Stat. Ann. § 14–2–504(a)(v) provides that a man is presumed to be the father of a child if: For the first two (2) years of the child’s life, he resided in the same household with the child and openly held out the child as his own. However, the statute only creates a presumption, which…
Read MoreLittle v. Streater (Federal, US Supreme Court, 1981)
There is a due process right of an indigent, alleged father to obtain genetic testing at a state’s expense.
Read MoreMills v. Habluetzel (Federal, US Supreme Court 1982)
The period for ascertaining the fatherhood of the child must be sufficiently long to permit those who have an interest in the child to bring an action on their behalf despite the personal difficulties that may surround the birth of a child outside of wedlock.
Read MoreRivera v. Minnich (Federal, US Supreme Court, 1987)
When paternity actions are brought in court, they are civil in nature. Thus the burden of proof is generally a preponderance of the evidence.
Read MoreClark v. Jeter (Federal, US Supreme Court, 1988)
The period for ascertaining the fatherhood of the child must be sufficiently long to permit those who have an interest in the child to bring an action on their behalf despite the personal difficulties that may surround the birth of a child outside of wedlock.
Read MoreIn re Marriage of Ross (Kansas 1989)
Prior to ordering a blood test to determine whether the presumed parent is the biological parent, the district court must consider the best interests of the child, including physical, mental, and emotional needs.
Read MoreIn re Marriage of Ross (Kansas 1989)
Prior to ordering a blood test to determine whether the presumed parent is the biological parent, the district court must consider the best interests of the child, including physical, mental, and emotional needs.
Read MoreMichael H. v. Gerald D. (Federal, US Supreme Court, 1989)
Only a presumed father or mother may rebut a presumption of paternity.
Read MoreIn re Paternity of JRW and KB (Wyoming 1991)
While genetic testing may be necessary in a paternity action, the presumption of paternity can be effectively rebutted by the agreement of the parties.
Read MoreIn re Paternity of JRW and KB (Wyoming 1991)
Presumed fathers are barred from contesting parentage if they do not bring actions within a reasonable time and by the doctrines of res judicata, collateral estoppel, and judicial estoppel.
Read MoreState ex rel. Secretary of SRS v. Clear (Kansas 1991)
To terminate parental rights under Kansas law, voluntary relinquishment of parental rights and Kansas Department of Social and Rehabilitation Services’ acceptance of surrender of the child are required.
Read MoreJensen v. Runft (Kansas 1992)
The Uniform Parentage Act requires courts to act in the best interests of the child when imposing legal obligations or conferring legal rights on the mother/child relationship and the father/child relationship.
Read MoreIn re Adoption of RSC (Wyoming 1992)
An action to declare nonexistence of a presumptive father and child relationship until almost four years after all relevant facts are know will be time barred – not within a reasonable time.
Read MoreEllison v. Walter ex rel. Walter (Wyoming 1992)
A district court possesses the authority to issue support orders retroactive to the date of a child’s birth in paternity/support actions initiated by a state for the reimbursement of public assistance.
Read MoreIn re Paternity of SDM (Wyoming 1994)
A child who has not been included as a party in any prior paternity case nor any prior divorce action cannot be foreclosed by the doctrines of res judicata, collateral estoppel, or judicial estoppel with respect to the child’s subsequent effort to achieve determination of paternity.
Read MoreFlorida Dept. of HRS v. Breeden (Kansas 1995)
Where a paternity proceeding is initiated through an interstate support enforcement mechanism and the child resides in another state, the trial court should await a determination from the court of the initiating state that a blood test establishing paternity is in the best interests of the child before making its determination of paternity.
Read MoreJA v. CJH (Wyoming 1996)
Where no timely action has been instituted within 5 years of a child’s birth to declare the nonexistence of a father and child relationship, the statutory presumption of paternity becomes absolute, and any action to establish another’s paternity is foreclosed.
Read MoreState ex rel. Secretary of SRS v. Mayfield (Kansas 1998)
In an action to establish an order for support of the child, failure to join any person as a party shall not deprive the court of jurisdiction to determine whether a party to the action has a duty to support the child and, if so, to enter an order for support.
Read MoreState ex rel. Secretary of SRS v. Miller (Kansas 1998)
When a child is born out of wedlock and no credible evidence exists that the child has a presumed father, the trial court may order genetic testing in a paternity action without first conducting a best interest hearing (Ross hearing), which is to determine whether the testing would be in the best interests of the…
Read MoreState ex rel. Secretary of SRS v. Miller (Kansas 1998)
When a child is born out of wedlock and no credible evidence exists that the child has a presumed father, the trial court may order genetic testing in a paternity action without first conducting a best interest hearing (Ross hearing), which is to determine whether the testing would be in the best interests of the…
Read MoreState ex rel. Secretary of SRS v. Miller (Kansas 1998)
When a child is born out of wedlock and no credible evidence exists that the child has a presumed father, the trial court may order genetic testing in a paternity action without first conducting a best interest hearing (Ross hearing), which is to determine whether the testing would be in the best interests of the…
Read MoreTL v. CS (Wyoming 1999)
A presumptive father must provide clear and convincing evidence to meet his burden of proving the results of genetic test favoring another man are inaccurate or somehow deficient.
Read MoreFerguson 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).
Read MoreSkillett v. Sierra (Kansas 2002)
The Kansas Child Support Guidelines are applicable to paternity actions that involve providing for the needs of a child.
Read MoreGDK v. State (Wyoming 2004)
When faced with conflicting statutory presumptions of paternity, the court will use a best interest standard to determine parentage.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
The stated purpose of the Kansas Parentage Act is to ensure that the legal obligations, rights, privileges, duties, and obligations incident to the father and child relationship are carried out.
Read MoreIn re Parentage of Shade ex rel. Shade (Kansas 2006)
The presumption that a man is the father of a child if he notoriously or in writing recognizes paternity of the child must be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man.
Read MoreIn re KMH (Kansas 2007)
A man may be deemed a sperm donor if he provides sperm directly to a female for insemination in a doctor’s office. The man does not have to provide his sperm directly to a physician performing an artificial insemination to be deemed a sperm donor.
Read MoreDNW v. State, Dept. of Family Services (Wyoming 2007)
A presumed father, who holds a child out as his own and signs a paternity acknowledgment, will be held to be the child’s natural father.
Read MoreDNW v. State, Dept. of Family Services (Wyoming 2007)
Within the meaning of Parentage Act, a man who signs a paternity acknowledgment is held to be the natural father in certain circumstances, regardless of genetic testing that proves otherwise.
Read MoreRK v. State ex rel. Natrona County Child Support Dept. (Wyoming 2008)
Even if the district court errs in applying the current version of the Wyoming Parentage Act, the error is harmless if the father’s proffered evidence is insufficient as a matter of law.
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine that clear and convincing evidence proves a man who has executed a voluntary acknowledgment of paternity is not the biological father of the…
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine that clear and convincing evidence proves a man who has executed a voluntary acknowledgment of paternityis not the biological father of the child,…
Read MoreState ex rel. SRS v. Kimbrel (Kansas 2010)
In an action brought by the Secretary of Social and Rehabilitation Services on behalf of a mother and her biological child for an order of child support, a district court may determine, based on genetic testing and a hearing to determine the best interest of the child (Ross hearing), that clear and convincing evidence proves…
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
Under the Kansas Parentage Act, a child may bring an action to determine a father and child relationship arising from a statutory presumption of paternity. The Kansas Parentage Act permits retroactive awards of support normally prohibited in divorce cases.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
The statutory presumption of paternity may only be rebutted by clear and convincing evidence or by a court decree establishing paternity of the child by another man or by weighing two conflicting presumptions and deciding which presumption will control based upon the weightier consideration of policy, logic, and the best interests of the child.
Read MoreIn re Paternity of Janzen v. Janzen (Kansas 2010)
Any agreement between an alleged or presumed father and the mother of the child does not bar an action by the child under the Kansas Parentage Act.
Read MoreFrazier v. Goudschaal (Kansas 2013)
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship.
Read MoreFrazier v. Goudschaal (Kansas 2013)
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. A woman claiming to be a presumptive mother of a child is an interested party under the Kansas Parentage Act.
Read MoreGreer 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…
Read MoreGreer v. Greer (Kansas 2014)
A hearing to determine the best interests of the child, including physical, mental, and emotional needs (Ross Hearing), 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…
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