Unfortunately, in many divorce cases, fathers are often seen as secondary parents. Mothers are generally seen as the primary caregivers, regardless of the situation, and it can be quite difficult for fathers to be granted primary custody. This is not always the right stance to take, as everyone’s parenting skills are different. The gender of the parents has nothing to do with it. There are good and bad parents everywhere. An experienced Kansas family lawyer can help you exercise your fathers’ rights.
Fathers’ Rights in Kansas
In Kansas, mothers and fathers are viewed as equals in parental rights. Fathers have just as much a right to parent their children as the mothers do, and they should be granted the ability to make big parenting decisions, such as where the kids go to school or how they should be raised. Unfortunately, fathers’ rights are not a given. First, paternity has to be established through genetic testing, paternity action, or voluntary acknowledgment.
Ultimately, parental rights are equal for mothers and fathers until the court steps in and determines otherwise. Regardless of which parent has been granted primary custody, fathers can be a part of their child’s life if they want unless the court has legally prohibited them from doing so. If the parents get divorced, it can sometimes be uniquely difficult for a father to fight for their parental rights and prove his fitness as a parent. He may often lose custody because the court favors the mother.
Even today, courts may be reluctant to award primary custody of a child to the father, as it is often an automatic assumption in society that mothers are better caregivers and more suited to raise children. This is a mindset seen across the world, not just in Kansas. If the father does not have definitive evidence of the mother engaging in abuse, neglect, or mistreatment, he will not have an easy time convincing the court that he deserves full custody. It takes the aid of a skilled family lawyer for a father to fully assert his parental rights.
Why Should You Know Your Fathers’ Rights?
While every family has their own dynamic that they’ve managed to work out amongst themselves, it is generally assumed that a devoted father’s presence in their child’s life will be a positive influence. Exceptions are always made, but it’s important to note that bad fathers can be just as prevalent as bad mothers. Bad parenting knows no gender boundary. Making general statements about one gender’s ability to parent is simply incorrect.
If a father actively wants to be a part of their child’s life and the court is not prohibiting their involvement, the father has the right to fight to be involved. If the court sees that the father is actively pursuing that involvement, they may look favorably on the father. Along the way, it’s not unreasonable to want to protect your legal fathers’ rights with the assistance of a family lawyer. Here are two ways you can assert those rights:
- Make sure you establish paternity as soon as you can. The easiest way to establish paternity is to sign a Voluntary Acknowledgment of Paternity (VAP) form right at the time of childbirth. This legally makes you the father from the start. If you desire, you can also order a genetic test if you have some doubts.
- Fight as hard as you can for custody. The harder you fight for your fathers’ rights, the more the court may start to see you as a devoted, committed father. If your relationship with your child’s mother is difficult or contentious, she may try to make your fight as difficult as she can. You may be afraid of looking like the bad guy, but you may want to take the risk since it’s your relationship with your child that’s at stake here.
FAQs
Q: Are Fathers’ Rights Important in Kansas?
A: Yes, fathers’ rights are important in Kansas. In fact, fathers’ rights are important everywhere. Any devoted father who wants to be involved in their child’s life and is actively fighting for it deserves to claim that right. The only exception is if the court has taken that chance away from the father due to abuse or neglect. Otherwise, fathers have every right to be an active participant in their child’s upbringing.
Q: If You’re on the Birth Certificate, Are You Automatically the Father?
A: No, you are not automatically the legal father of the child if your name is on the birth certificate. It’s not that simple in Kansas. If the father has signed the birth certificate, that may presume paternity, but it does not prove it or grant automatic parental rights. Signing the Voluntary Acknowledgment of Paternity (VAP) form at birth does grant those rights. You may also want a court order for a genetic test if you are concerned about paternity.
Q: Who Gets Primary Custody in a Divorce?
A: There is no way to determine which parent will get primary custody without first looking into each parent’s financial situation, amongst other factors. The court must do what’s right for the child above all else. That includes ignoring each parent’s request for custody. Generally, the court pushes for joint custody to make sure both parents have equal involvement, but that may not always be the proper solution.
Q: Can the Mother Deny the Father Access to Their Child?
A: No, the mother is not legally allowed to prevent the father from seeing their child unless there is a court order in place allowing her to do so. Exceptions can sometimes be made, like if the child is in immediate danger. Usually, both parents are expected to follow the parenting plan given to them by the court and obey the directions of the custody arrangement. If one parent ignores the arrangement, they could face legal penalties.
Contact Us Today
Fighting for your fathers’ rights is never an easy task. However, if you truly want to be present for your child, it’s something you have to do. An experienced lawyer at Stange Law Firm can help you succeed in that fight. Contact us to speak to our team about your case.
