38-1131. Court orders; interlocutory orders; ex parte, when; notice and hearing; temporary support. - Kansas Statutes

38-1131

Chapter 38.--MINORS Article 11.--DETERMINATION OF PARENTAGE

      38-1131.   Court orders; interlocutoryorders; ex parte, when; notice and hearing; temporary support.(a) The court,withoutrequiring bond, may make and enforce orders which:

      (1)   Restrain the parties from molesting or interfering with the privacy orrights of each other;

      (2)   confirm the existing de facto custody of the child subject to furtherorder of the court;

      (3)   appoint an expert to conduct genetic tests for determination ofpaternity as provided in K.S.A. 38-1118 and amendments thereto;

      (4)   order the mother and child and alleged father to contact the courtappointed expert and provide tissue samples for testing within 30days afterservice of the order;

      (5)   order the payment of temporary child support pursuant to subsection(c); or

      (6)   the court deems necessary to carry the provisions of theKansasparentage act.

      (b) (1)   Interlocutory orders authorized by this section that relate togenetic testing may be issued ex parte, if:

      (A)   The appointed expert is a paternity laboratoryaccredited by theAmerican association of blood banks; and

      (B)   the order does not require an adverse party to make advancepaymenttoward the cost of the test.

      (2)   If such ex parte orders are issued, and if an adverse party requestsmodification thereof, the court will conduct a hearing within 10 days of suchrequest.

      (c)   After notice and hearing, the court shall enter an order for childsupport duringthe pendency of the action as provided in this subsection. The order shall beentered if the pleadings and the motion for temporary support, if separate fromthe pleadings, indicate there is only one presumed father and if probablepaternity by the presumed father is indicated by clear and convincing evidence. For purposes of this subsection, "clear and convincing evidence" may bepresented in any form, including, but not limited to, an uncontested allegationin the pleadings, an uncontested affidavit or an agreement between the parties. For purposes of this subsection, "clear and convincing evidence" means:

      (1)   The presumed father does not deny paternity;

      (2)   the mother and the presumed father were married to each other,regardless of whether the marriage was void or voidable, at any time between300 days before the child's birth and the child's birth;

      (3)   a voluntary acknowledgment of paternity was completed by the mother andthe presumed father more than 60 days before the motion was filed and norequest to revoke the voluntary acknowledgment has been filed; or

      (4)   results of genetic tests show the probability of paternity by thepresumed father is equal to or greater than 97% and the report was receivedmore than 20 days before the motion was filed, unless written notice of intentto challenge the validity of the report has been timely given.

      (d)   The provisions of this section are part of and supplementalto theKansas parentage act.

      History:   L. 1991, ch. 110, § 3;L. 1997, ch. 182, § 65; July 3.