Divorce proceedings can be complicated because they entail the division of property and custody of children. One common issue during a divorce is the determination of a child’s biological parent(s) through genetic testing. In Kansas, genetic testing can be ordered by a court to establish paternity or to determine the existence of genetic or medical issues. Here’s what you need to know about addressing genetic testing in a Kansas divorce.
Grounds for Genetic Testing in Kansas Divorce
Paternity
One of the most common reasons for genetic testing in a divorce is to establish paternity. In Kansas, paternity is crucial for a parent to have legal rights and responsibilities, including parenting time and child support obligations. It is also important to establish paternity for the child’s medical and genetic history.
Medical & Genetic Concerns
Another reason for genetic testing in a Kansas divorce is to identify any genetic or medical concerns that may be relevant to the child’s well-being. This testing will look for any hereditary conditions that may be present within one or both parents that could affect the child. This type of genetic testing may be ordered by a court if there is reasonable suspicion that a genetic condition exists.
Legal Strategies for Obtaining Genetic Testing
Consent
The simplest way to obtain genetic testing in a Kansas divorce is to have both parents consent to the testing. This can be done through a court-approved motion, or through an agreement between both parties and their attorneys. This approach allows both parties to have the opportunity to be involved in the process and to agree on the need for testing.
Court Order
If both parties do not consent to genetic testing, a court order may be necessary. Genetic testing can be requested by a motion for genetic testing filed by the party who is requesting it. The court will consider the best interest of the child when making a decision to order genetic testing.
Genetic Testing Requirements in Kansas
Types of Genetic Testing
There are two types of genetic testing that may be ordered in a Kansas divorce: DNA testing and genetic marker testing. DNA testing is the most common form of genetic testing, and it is used to establish paternity or determine whether a genetic condition is present in a parent. Genetic marker testing looks for specific abnormalities or traits within a person’s genetic makeup.
Guidelines for Genetic Testing
In Kansas, there are guidelines that must be followed when conducting genetic testing. These guidelines help ensure that the testing is conducted accurately and reliably. For example, testing must be conducted by a qualified testing facility, and the sample must be collected under the supervision of a qualified individual. Additionally, the results of the testing must be provided to the court in a timely manner.
Conclusion
Genetic testing is an important legal component in Kansas divorce proceedings. The establishment of paternity and identification of any medical or genetic conditions are crucial for the child’s well-being, and can have significant implications in terms of child support, custody, and visitation rights. Kansas courts have specific guidelines for conducting genetic testing, and the legal process for obtaining genetic testing depends on whether both parties consent to it or if a court order is required. If you have questions about genetic testing in a Kansas divorce, contact an experienced family law attorney for guidance.