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Rev. 11/09 1 CHAPTER 23 – KANSAS DOMESTIC RELATIONS CODE

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Rev. 11/09 1 CHAPTER 23 – KANSAS DOMESTIC RELATIONS CODE CHAPTER 23 – KANSAS DOMESTIC RELATIONS CODE – REVISED TABLE OF CONTENTS ARTICLE 1 - PREFATORY ............................................................................................ 3 ARTICLE 2 - PARENTAGE ACT.................................................................................... 5 ARTICLE 3 - ASSISTED CONCEPTION, REPRODUCTIVE TECHNOLOGY ............. 17 ARTICLE 4 - RESERVED............................................................................................. 19 ARTICLE 5 - PREMARITAL AGREEMENTS............................................................... 21 ARTICLE 6 - MARRIAGE ............................................................................................. 25 ARTICLE 7 - MARITAL PROPERTY RIGHTS ............................................................. 31 ARTICLE 8 - RESERVED............................................................................................. 33 ARTICLE 9 - FAMILY SUPPORT JURISDICTION (UFISA)......................................... 35 ARTICLE 10 - CHILD CUSTODY JURISDICTION (UCCJEA)..................................... 39 ARTICLE 11 - UNIFORM CHILD ABDUCTION PREVENTION ACT (UCAPA)........... 55 ARTICLE 12 - RESERVED........................................................................................... 61 ARTICLE 13 - RESERVED........................................................................................... 63 ARTICLE 14 - DISSOLUTION OF MARRIAGE............................................................ 65 ARTICLE 15 - DIVISION OF PROPERTY .................................................................... 71 ARTICLE 16 - ESTABLISHMENT & MODIFICATION OF SPOUSAL SUPPORT....... 73 ARTICLE 17 – PARENTAL DECISION MAKING AND PARENTING PLANS or CUSTODY, RESIDENCY AND PARENTING PLANS.................................................. 75 ARTICLE 18 - RESERVED........................................................................................... 85 ARTICLE 19 - THIRD PARTY VISITATION ................................................................. 87 ARTICLE 20 - RESERVED........................................................................................... 89 ARTICLE 21 - RESERVED........................................................................................... 91 Rev. 11/09 1 ARTICLE 22 - ESTABLISHMENT & MODIFICATION OF CHILD SUPPORT ............. 93 ARTICLE 23 - ENFORCEMENT OF SUPPORT ORDERS .......................................... 95 ARTICLE 24 - RESERVED......................................................................................... 113 ARTICLE 25 - ENFORCEMENT OF VISITATION AND PARENTING TIME.............. 115 ARTICLE 26 - ALTERNATIVE DISPUTE RESOLUTION........................................... 117 OTHER RECOMMENDATIONS ................................................................................. 123 Rev. 11/09 2 ARTICLE 1 - PREFATORY SECTION 23-101. Title. (new) This Act shall be known as the Kansas [Family Law] [Domestic Relations] Code. SECTION 23-102. Policy. (new) The provisions of this [Code][Act] shall be construed to secure the just, speedy, inexpensive and equitable determination of issues in all [family law][domestic relations] matters. SECTION 23-103. Civil Procedure. (new) Procedure under this [Code][Act] shall be governed by the Kansas Code of Civil Procedure, as that Act may be amended, except as this [Code][Act] may otherwise specifically provide. SECTION 23-104. Rules of Evidence. (new) Evidence under this [Code][Act] shall be governed by the Kansas Code of Evidence, as that [Code][Act] may be amended, except as this Act may otherwise specifically provide. Rev. 11/09 3 (THIS PAGE LEFT BLANK) Rev. 11/09 4 ARTICLE 2 - PARENTAGE ACT SECTION 23-201. Title and application of act. (a) K.S.A. 38-1110 through 38-1131 This Act and acts amendatory thereto and supplemental thereof shall be known and may be cited as the Kansas parentage act. (b) Proceedings concerning parentage of a child shall be governed by this act except to the extent otherwise provided by the Indian child welfare act of 1978 (25 U.S.C. §§ 1901 et seq.). (Formerly K.S.A. 38-1110). SECTION 23-202. Definitions. As used in K.S.A. 38-1136 through 38-1138, except where the context otherwise requires: (a) "Birthing hospital" means a hospital or facility as defined by rules and regulations of the secretary of social and rehabilitation services. (b) "IV-D program" means a program for providing services pursuant to part D of title IV of the federal social security act (42 U.S.C. Sec. 651 et seq.) and acts amendatory thereof or supplemental thereto. (c) "Unwed mother" means a mother who was not married at the time of conception, at the time of birth or at any time between conception and birth. (Formerly K.S.A. 38-1136). SECTION 23-203. Hospital based program for voluntary acknowledgment of paternity. (a) There is hereby established in this state a hospital based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a, and amendments thereto, for newborn children of unwed mothers. Birthing hospitals shall participate in the program. Other hospitals and persons may participate in the program by agreement with the secretary of social and rehabilitation services. (b) The secretary of social and rehabilitation services shall provide information and instructions to birthing hospitals for the hospital based program for voluntary acknowledgment of paternity. The secretary of social and rehabilitation services may adopt rules and regulations establishing procedures for birthing hospitals under the program. (c) Subject to appropriations, the secretary of social and rehabilitation services is authorized to establish in this state a physicians' office-based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a and amendments thereto for newborn children of unwed mothers. The secretary shall provide information and instructions to physicians' offices for the program and may adopt rules and regulations establishing procedures for physicians' offices under the program. (d) The secretary of health and environment shall provide services for the voluntary acknowledgment of paternity, in appropriate circumstances, through the office of the state registrar. The secretary of health and environment may adopt rules and regulations to carry out the requirements of this section. (Formerly K.S.A. 38-1137). Rev. 11/09 5 SECTION 23-204. Acknowledgment of paternity forms. (a) The state registrar of vital statistics, in conjunction with the secretary of social and rehabilitation services, shall review and, as needed, revise acknowledgment of paternity forms for use under K.S.A. 38-1130 and 65- 2409a, and amendments thereto. The acknowledgment of paternity forms shall include or have attached a written description pursuant to subsection (b) of the rights and responsibilities of acknowledging paternity. (b) A written description of the rights and responsibilities of acknowledging paternity shall state the following: (1) An acknowledgment of paternity creates a permanent father and child relationship which can only be ended by court order. A person who wants to revoke the acknowledgment of paternity must file the request with the court before the child is one year old, unless the person was under age 18 when the acknowledgment of paternity was signed. A person under age 18 when the acknowledgment was signed has until one year after his or her 18th birthday to file a request, but if the child is more than one year old then, the judge will first consider the child's best interests. The person will have to show that the acknowledgment was based on fraud, duress (threat) or an important mistake of fact, unless the request is filed within 60 days of signing the acknowledgment or before any court hearing about the child, whichever is earlier; (2) both the father and the mother are responsible for the care and support of the child. If necessary, this duty may be enforced through legal action such as a child support order, an order to pay birth or other medical expenses of the child or an order to repay government assistance payments for the child's care. A parent's willful failure to support the parent's child is a crime; (3) both the father and the mother have rights of custody and parenting time with the child unless a court order changes their rights. Custody, residency and parenting time may be spelled out in a court order and enforced; (4) both the father and the mother have the right to consent to medical treatment for the child unless a court order changes those rights; (5) the child may inherit from the father and the father's family or from the mother and the mother's family. The child may receive public benefits, including, but not limited to, social security or private benefits, including, but not limited to, insurance or workers compensation because of the father-child or mother-child relationship; (6) the father or the mother may be entitled to claim the child as a dependent for tax or other purposes. The father or the mother may inherit from the child or the child's descendants; and (7) each parent has the right to sign or not sign an acknowledgment of paternity. Each parent has the right to talk with an attorney before signing an acknowledgment of paternity. Each parent has the right to be represented by an attorney in any legal action involving paternity or their rights or duties as a parent. Usually each person is responsible for hiring the person's own attorney. (c) Any duty to disclose rights or responsibilities related
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