Printable Format23-2210. Jurisdiction; venue; precedence of certain other orders. (a) The district court has jurisdiction of an action brought under the Kansas parentage act. The action may be joined with an action for divorce, annulment, separate maintenance, support or adoption.
(b) If any determination is sought in any action under the Kansas parentage act for custody, residency or parenting time, the initial pleading seeking that determination shall include that information required by K.S.A. 23-37,209, and amendments thereto.
(c) The action may be brought in the county in which the child, the mother or the presumed or alleged father resides or is found. If a parent or an alleged or presumed parent is deceased, an action may be brought in the county in which proceedings for probate of the estate of the parent or alleged or presumed parent have been or could be commenced.
(d) Any order issued pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code, shall take precedence over any order under article 22 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto (determination of parentage), until jurisdiction under the revised Kansas code for care of children or the revised Kansas juvenile justice code is terminated.
(e) If a court of competent jurisdiction within this state has entered an order pursuant to the revised Kansas code for care of children regarding custody of a child or children who are involved in a proceeding filed pursuant to this section, and such court has determined pursuant to K.S.A. 38-2264(k), and amendments thereto, that the orders in that case shall become the custody orders in the parentage case, such court shall file a certified copy of the orders with the civil case number in the caption and then close the case under the revised Kansas code for care of children. Such orders shall be binding on the parties, unless modified based on a material change in circumstances, even if such courts have different venues.
History: L. 1985, ch. 114, § 7; L. 2000, ch. 171, § 73; L. 2010, ch. 75, § 2; L. 2011, ch. 24, § 1; L. 2019, ch. 43, § 2; May 2.
Source or Prior Law:
38-1116.
Law Review and Bar Journal References:
"Challenging the Presumption of Paternity," Sheila Reynolds, 65 J.K.B.A. No. 10, 36 (1996).
CASE ANNOTATIONS
1. Court without jurisdiction where action brought without mother, child and presumed father as parties. State ex rel. Secretary of SRS v. Stephens, 13 Kan. App. 2d 715, 717, 782 P.2d 68 (1989).
2. Post judgment motions for reconsideration filed without challenging jurisdiction waived lack of personal jurisdiction defense. Carrington v. Unseld, 22 Kan. App. 2d 815, 818, 923 P.2d 1052 (1996).
3. Subject matter jurisdiction not divested by failure to give mother who assigned support to SRS notice of paternity action. State ex rel. Secretary of SRS v. Miller, 24 Kan. App. 2d 822, 823, 953 P.2d 245 (1998).