Legal Question in Family Law in Kansas

Divorce Decree LIES, custody and paternity at STAKE

My husband and his ex wife got divorced in march of 2001. They had a baby girl born in july of 2001. she informed him that they baby WASN'T his so he didn't think anything about it. one year later they are ammending the birth certificate to state he IS the father and changing her last name. He has been her father for 3 years now but last week the mother got mad and took her away stating that he ISN'T the father and he would never see the child again. If we go to court and they do DNA and it proves he is not the Biological father of her, then do we still get visitation since his name is on the birth certificate and also the divorce decree states that she wasn't pregnant at the time only less that 4 months later, the child was born. I knew her and she knew that she was pregnant, she just didn't disclose it because she was sure he wasn't the father. I just really want to know if we have a legal leg to stand on to get visitation of the child and possibly joint legal and joint physical custody.

Thank you

Asked on 9/21/04, 2:54 pm

1 Answer from Attorneys

Su Linda Jamison Jamison and Associates, LLC.

Re: Divorce Decree LIES, custody and paternity at STAKE

In Kansas, a court would consider more than just DNA. A Judge would consider the fact that he has fulfilled the role of father for three years. Also, Judges prefer not to eliminate a person as the father when there is no one else to fill that role. Ruling that he is not the father, just based on DNA, if it leaves the child without a named father, is usually not in the child's best interest. I certainly would suggest he contest her actions.

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Answered on 9/21/04, 3:59 pm

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