Regrettably, in many cases, fathers are often considered secondary to mothers when it comes to raising their children. This is not always true, as everybody parents their children in different ways. There are bad fathers and bad mothers alike, just as there are good fathers and mothers too. Still, mothers are often seen as the primary caregivers, while fathers are seen as optional. This mindset can make it difficult for fathers to win a custody battle. A Topeka, KS, divorce lawyer can help you.

Fathers’ Rights in Kansas

When it comes to parental rights in Kansas, mothers and fathers are supposed to be seen as equals. Fathers have as much a right to parent their children and be involved in making big decisions as mothers do. This is not a given, though. First, paternity has to be legally established through voluntary acknowledgment, paternity action, or genetic testing. In a custody battle, paternity is going to be an important element that grants a father parental rights.

In the end, when it comes to parental rights, both parents are considered equal contributors unless the court says otherwise. It does not matter which parent is awarded primary custody. If the court has not legally prohibited a father from being a part of their child’s life, that father has every right to be as involved as he wants to be. In the event of a divorce, it can be quite difficult for a father to prove his fitness as a parent and fight for his father’s rights.

Even in today’s modern society, many courts are reluctant to award primary custody of a child to the father, believing that a mother is a more crucial caretaker for the child. This is not a mindset unique to Kansas. It happens in states across the country. Without solid proof of mistreatment, neglect, or even abuse, getting primary custody as a father is not an easy battle. If you are concerned that your father’s rights are going to be in jeopardy, reach out to a family law attorney as soon as you can.

Fathers Should Know Their Parental Rights

Many families have a distinct dynamic that works for them, but a father’s presence in their child’s life is generally considered to be positive and nurturing for that child. There are always exceptions, but bad parents can be mothers just as much as they can be fathers. There are multiple societal factors that may cause mothers to be seen as the primary caregivers while fathers are seen as parental accessories. This may be true for some, but not for all.

Making broad statements about an entire gender’s capability to parent is laughable and wildly incorrect. Every parent is different. Some may be ready for the life changes that come with parenting, while others may not. It is up to the parent in question to figure out how involved they want to be in their child’s upbringing. This applies to mothers and fathers alike. If a father wants to be present in their child’s life and participate fully, a family lawyer can help them with that.

In fact, if a father is actively trying to be a part of their child’s life and do the right thing, the court may look more favorably on the father. There is nothing wrong with taking the right steps to protect yourself in the event that your rights as a father are in danger of being infringed upon. Here are some steps you can take to make sure your rights are secure:

  • Establish paternity quickly. The most important thing you can do to secure your rights as a father is to establish paternity as quickly as possible. The easiest way to do this is to sign a Voluntary Acknowledgment of Paternity (VAP) form at the time of birth. You can also order a genetic test.
  • Fight for custody. Fighting for custody is often easier said than done, especially if you have a contentious relationship with the mother and she is looking to make this as difficult for you as she can. You may be concerned about looking like the bad guy, which is understandable, but when it comes to your rights as a father, you may not want to take any chances.

FAQs

Q: Can One Parent Deny the Other Parent Access to Their Child?

A: No, generally, one parent is not legally allowed to deny the other parent access to their child if there is no court order in place. The only exception would be if the child is considered to be in immediate danger. Both parents are expected to follow the directions of a child custody agreement that the court has put in place. If one parent does not, they could face severe legal penalties from the court.

Q: Who Will Get Primary Custody of the Child in a Divorce?

A: There is no immediate way to determine who is going to be awarded primary custody of the child in a divorce. Many divorce costs like the push for joint custody, which would grant both parents equal responsibility for raising their child. Ultimately, the court has to weigh all the evidence presented and decide on whatever is good for the child’s welfare.

Q: Does a Birth Certificate Automatically Grant Paternity in Kansas?

A: No, a birth certificate does not automatically grant paternity in Kansas. While the father’s signature on the birth certificate can create the presumption of paternity, it does not grant automatic parental rights to the father. What does grant paternity at birth is signing a Voluntary Acknowledgment of Paternity (VAP). Other than that, a court order and genetic test may be used to prove paternity in more contentious situations.

Q: Do Fathers’ Rights Matter in Kansas?

A: Yes, fathers’ rights do matter in Kansas. Every father who wishes to be present in their child’s life should have the opportunity to do so unless the court has removed that opportunity due to the father’s neglectful or abusive behavior. Fathers have the right to be involved, make big decisions, and even ask for child support if given primary custody.

Contact Us Today

At Stange Law Firm, we can help you secure your father’s rights. Contact us to speak to a family lawyer about your case today.