History:
L. 1970, ch. 166, § 1; Repealed, L. 1985, ch. 114, § 30; July 1.
CASE ANNOTATIONS
1. Compared with former law; K.S.A. 38-1104 does not limit nonstatutory action by child. Huss v. DeMott, 215 Kan. 450, 453, 524 P.2d 743.
2. Paternity proceeding hereunder dismissed; conception of child by consenting parties did not constitute tortious act under long arm statute (K.S.A. 60-308). State, ex rel., v. Schutts, 217 Kan. 175, 176, 535 P.2d 982.
3. Act not violative of equal protection clause of federal and state constitutions. State, ex rel. Wingard v. Sill, 223 Kan. 661, 664, 576 P.2d 620.
4. Failure to comply with section noted in holding unadjudicated father of illegitimate child was "parent" authorized to consent to adoption. Aslin v. Seamon, 225 Kan. 77, 79, 587 P.2d 675.
5. Mentioned in action for enforcement of child's nonstatutory right to support. Smith v. Simmons, 4 Kan. App. 2d 60, 61, 602 P.2d 546.
6. Provision for award of attorney fees in paternity action hereunder not applicable to nonstatutory action of child for support. Crooms v. Whitfield, 4 Kan. App. 2d 306, 307, 605 P.2d 591.
7. Action to determine paternity in the abstract cannot be brought by child against putative father under statute or by nonstatutory action. Gross v. VanLerberg, 7 Kan. App. 2d 99, 638 P.2d 365. Reversed: 231 Kan. 401, 405, 646 P.2d 471 (1982).
8. Once paternity is established the unwed father may bring an action to enforce visitation right. Carty v. Martin, 233 Kan. 7, 9, 660 P.2d 540 (1983).
9. Record held not sufficient to support judgment that defendant was father of child. State ex rel. Hausner v. Blackman, 233 Kan. 223, 662 P.2d 1183 (1983).
State Ex Rel. Hausner v. Blackman, 662 P.2d 1183 (Kan. 1983). “: This is a paternity case, filed pursuant to K.S.A. 38-1101 et seq., by the State of Kansas ex rel.”
Aslin v. Seamon, 587 P.2d 875 (Kan. 1978). “These include marriage to the mother and acknowledgment of the child pursuant to K.S.A. 23-125; adoption pursuant to K.”
Gross v. VanLerberg, 646 P.2d 471 (Kan. Ct. App. 1981). · cites it 4ד619 (1923), and not by means of paternity proceedings under K.S.A. 38-1101 et seq. We also note that the father of an illegitimate child has a duty similar to that imposed upon the father of a legitimate child where the relationship of father and child has been established by…”
Carty v. Martin, 660 P.2d 540 (Kan. 1983). “62-2301 (Corrick), and had to be brought in the name of the State of Kansas. Although it was a civil action it had features of á criminal prosecution.”
Talbot v. Pearson, 82 P.3d 854 (Kan. Ct. App. 2004). “The amended statute provides as follows: “(a) A party filing a motion to modify a final order pertaining to child custody or residential placement pursuant to K.S.A. 38-1101 et seq. or K.S.A. 60-1601 et seq.”
Gross v. VanLerberg, 646 P.2d 471 (Kan. 1982). · cites it 2דThe legislature provided an action to determine paternity in K.S.A. 38-1101 et seq. Under K.S.A. 38-1101, an action to determine paternity must be brought in the name of the State of Kansas on the relation of the unmarried woman as complaining witness.”
State Ex Rel. Wingard v. Sill, 576 P.2d 620 (Kan. 1978). “Defendant asks us to strike down all of the paternity statute (K.S.A. 38-1101, et seq.), raising equal protection arguments similar to those we have just considered.”
Smith v. Simmons, 602 P.2d 546 (Kan. Ct. App. 1979). · cites it 2דDefendant failed to make the payments and on February 23, 1977, filed a Motion for Relief of Judgment alleging that the suit was barred by the statute of limitations of K.”
Crooms v. Whitfield, 605 P.2d 592 (Kan. Ct. App. 1980). · cites it 2דK.S.A. 38-1101 et seq. The statutory paternity proceeding allows the court, in its discretion, to award plaintiff reasonable attorney fees.”
Annotations are extracted automatically from the opinions in the
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