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Fathers’ Rights

Overland Park Fathers’ Rights Lawyers Protect Men’s Relationships With Their Children

Securing child custody and visitation rights for Kansas fathers

As a father, you have a right to maintain a strong relationship with your children, even if you divorced their mother or were never married. Unfortunately, Kansas judges can sometimes view child custody through the prism of archaic, traditional gender roles rather than recognizing societal changes. If you are a father seeking custody or visitation rights, the compassionate family law attorneys at The Henry Law Firm, P.A. will work hard to secure the relationship with your children that you deserve.

What rights do fathers have in child custody cases?

Kansas law requires a judge, deciding on child-custody in a divorce or a paternity matter, to focus on the best interests of the child, which is determined by considering a number of factors. There is no automatic preference that the mother have primary custody of your children. Of course, if a mother has played a more important and constructive role in a child’s life than the father, the court may validly consider that a factor in her favor. On the other hand, to the extent any of the relevant factors favor the father, custody rights may be granted to him.

Unfortunately sometimes, a Kansas judge may display a gender bias in favor of granting residential child custody to the mother, even when the best interests of the child may call for a different arrangement. Sometimes a judge may wrongly assume that the mother is better able to handle the responsibility of child care, overvaluing the evidence in favor of the mother. When the attorneys at The Henry Law Firm, P.A. represent you as the father in a custody dispute, we will counter any potential bias by building the strongest case the evidence supports for the custody arrangements that best serve your interests and those of your child.

What rights do unmarried fathers have?

Unmarried fathers also have a right to custody of their children, but they must surmount the hurdle of proving that they are the fathers. There are two ways for a father to prove his paternity of a child in Kansas:

  • Voluntary acknowledgement of paternity — When the child is born, the parents can sign a legal document stating the father’s identity. This document is binding unless and until nullified by a court order. A man who later questions whether he is the father must sue to disprove custody.
  • Paternity action — A father can bring a suit to prove his paternity, based on such evidence as DNA test results, testimony about sexual activity with the mother, medical testimony, and a prior acknowledgement of paternity.

If you are an unmarried father seeking a relationship with your children, the attorneys at The Henry Law Firm, P.A. will work zealously to prove your paternity and try to get the result you want and deserve.

Helping fathers gain visitation rights

Fathers who are not awarded residential custody of their children are entitled to visitation in the form of regularly scheduled quality time with their children. Visitation is unsupervised unless the father has a history of abuse or neglect or is otherwise shown to pose a danger to the child. If your ex-spouse or ex-partner interferes with your visitation, the court will enforce your parenting rights. The attorneys at The Henry Law Firm, P.A. will seek to secure fair visitation arrangements for you and make sure those arrangements are enforced.

Contact a dedicated fathers’ rights attorney in Kansas

The attorneys at The Henry Law Firm, P.A., in Overland Park, Kansas, can help you protect your rights and interests as a father in child-custody and visitation matters. Call us at 913-381-5020 or contact us online to schedule a consultation.

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