Practice Area: Family Law

Divorce  •  Custody  •  Child Support  •  Maintenance (Formerly Alimony)  •  Paternity
Support and Custody Modifications  •  Abuse/Neglect  •  Adoptions  •  Other Family Law Matters

Missouri Family Law - Paternity Issues

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Paternity, or the determination of the natural father of a child, is generally not at issue in divorce situations. That is because Missouri law presumes that if a child is born during the marriage, that child is the biological child of the husband. In situations where children are born out of wedlock, the case might not be so cut and dry, and the attorneys at Hendren Andrae can give you experienced, confidential advice on what decisions need to be made in your individual circumstance.

At issue in a paternity action are usually the declaration of paternity or determination of a father and child relationship, custody and/or visitation and child support. For more information on the specific issues that arise with custody, visitation and child support please refer to the sections above. In regard to declaration of paternity, the father, mother or a man who might question that he is the father of a child is seeking to determine the existence or nonexistence of a father and child relationship. This can be done in one of several ways.

• First, the man in question can admit that he is the father of the child and accept responsibility by executing an affidavit at the time of the birth of the child, including the child's birth certificate. The issue of child support, if applicable, and terms of custody or visitation with the child can be dealt with at that time by filing the appropriate requests with the court.
• Second, the court can order that a paternity test be preformed on the man in question and the child. This is generally a non-invasive swab test inside the mouth of both the man and child.
• Third, the man, if named by the mother on the birth certificate, can file for the formal determination of the father and child relationship with the court in the Court in the county where the child resides.

In many instances, the Division of Child Support Enforcement may seek to have a man declared the father of a child so that he is responsible for paying child support. Simply because a man is obligated to pay child support does not mean that a custody order has been put in place so that he can be granted visitation or custody rights with his child. You will want to seek the advice of one of our family law attorneys if you want to seek custody or visitation.

Contact: Sara Michael

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