For obvious reasons, society doesn’t need to address who the mother of a child is like is needed to sometimes determine who the father of a child is. In the legal world, the word paternity is used when discussing who the legal father of a child is. The word paternity is derived from the Latin word paternus, which means “relating to a father.” The Oxford Dictionary defines the word paternity as, "the legal status of a man as the father of a child." Merriam-Webster dictionary defines paternity as, “the quality or state of being a father” and “origin or descent from father.”
On a real world level, men must legally establish paternity with Missouri courts in some situations if they have not been recognized as the father of his child. Prior to a man establishing paternity over a child, the man likely has little to no rights to parent or enjoying visitation with the child. Paternity is usually the first legal step for a man who has been denied visitation or other parenting right by the child’s mother
Paternity in Missouri....
Missouri law stipulates that a father has the right to spend quality time with, and parent his child, just as the mother does. If the child's mother for whatever reason will not accept the rights of the father to see his child, the man will need to establish paternity with the appropriate Missouri court where the child resides. Establishing paternity is the first step in Missouri to obtaining a child custody agreement. If the child's mother wants to, she can deny you the ability to even see your child if you have not established legal paternity. Once you have been declared the legal father of the child by establishing paternity, you can petition the court for joint legal and physical custody and well as for visitation. Legal custody refers to decision making regarding the child's rearing, whereas physical custody refers to where the child stays and which parent the child is with. In Missouri, courts prefer joint legal and physical custody because having both parents in a child's life is usually in the child's best interests.
How to file a paternity suit in Missouri…
In Missouri, if a man believes he is the true biological father of a child, he should file a Father’s Petition for Declaration of Paternity, Child Custody and/or Support (CAFC301) form. Or the better course of action would be to retain an experienced family law attorney to file the necessary pleadings. The petition must be filed in the county court where the child or the mother reside, or in the circuit court where a legal action involving the child is already pending.
What is Missouri's paternity law?
Missouri's paternity law defines the legal relationship between a father and his biological child. Usually it means recognizing a father's legal status if the child's parents were not married at the time of the child's birth. Once paternity is established, a father has the rights and responsibilities (ie. child support) associated with being a parent., including custody and visitation rights --as well as the right to have frequent and meaningful visits with his child. Likewise, the father has an obligation to provide financial support for his child.
Establishing paternity in Missouri has several other benefits for the child. It allows the child a sense of identity and the chance to build a relationship with their father. A legal determination of paternity also allows a child to identify any genetic health issues and get inheritance rights under state laws. When paternity has been established, the child will also have the right to access benefits like the father's health insurance, Social Security benefits, and veterans' benefits.
What if I receive a notice that I am part of a paternity case?
If you are served with a paternity petition and a summons, do not ignore them. You have 30 days to file an answer, a written response accepting or rejecting the accusations. If a man fails to respond to a paternity lawsuit, a default judgment of paternity could be issued and consequently the man could be forced to pay child support, medical expenses and other expenses related to the rearing of the child. It’s important to contact a qualified family law attorney if you are served with paternity papers.
How is Paternity Established in Missouri?
As a default according to Missouri law, a man is presumed to be the father of a child if he is married to the mother of the child when she gives birth. Also if the child is born within 300 days after the end of a marriage, the ex-husband is presumed to be the father of the child. This holds true unless a court determines otherwise. If a woman gives birth while married but the husband is not the biological father, the husband will have to sign a denial of paternity at the hospital. Otherwise he will be presumed to be the father, and he will have to petition the court to remove his status as the child's father.
If the parents of the child are not married at the time of the child's birth, there are several ways paternity can be established legally with a court in Missouri.
The father can sign an affidavit of paternity at the hospital when the child is born. This document declares the man is the father of the child and his name will be listed on the child's birth certificate as the legal father of the child. Signing an affidavit (sometimes called an "acknowledgment") of paternity is the most common method men is Missouri use to establish paternity when they are not married to the child's mother at the time of the birth of the child.
2. If paternity was not established at the hospital at the time of the child's birth, it can be established by the father at any time until the child turns 18 years of age. If both parents agree the man is the father, they can contact the Missouri Department of Health to obtain and execute the affidavit of paternity that was not signed when the child was born.
3. Paternity can also be established by petitioning the court for a court order recognizing the man's status as the legal father of the child. In certain circumstances the judge may order a DNA test to determine who is the child's biological father. If the test determines that there is a minimum of a 98% chance that the man is the child's father, he will be declared the father.
The DNA test is painless and usually just involves a swab of saliva from inside your mouth.
4. Who pays for the DNA testing? If both the mother and the father in question agree on testing and voluntarily decide to pursue the DNA tests, then both parties will have to decide for themselves who pays for the testing, or if the cost is shared. If a court orders DNA testing and the testing is done through the Missouri Family Support Division-Child Support Enforcement Division, (FSD), FSD will pay the cost of the testing. However, if the test confirms the man is in fact the biological father of the child, the court may order the man to repay FSD the cost of the testing. If the testing is ordered by the court, then the court will decide who should be responsible for the cost of the testing.
Paternity and paternity testing is not just a way to answer important questions about who the "real" father is, rather it is also a indispensable tool for ensuring the legal rights of the child to be sure there are fair results when family law issues are adjudicated by Missouri courts. A thorough understanding of the crucial role of paternity testing allows a solid foundation for finding legal advice when enforcing, determining or defending one's parental rights. Alternatively, find a lawyer experienced in paternity matters.
Missouri Paternity Caselaw
Judges in Missouri make decisions based on statutory law, which is the laws we think of that are made by the legislature, and case law, which are the appellant or supreme court decisions made in cases with similar matters to the issue at hand. Important Missouri cases involving paternity issues may influence a judge in a paternity case.
In the Missouri case Wilson vs. Cramer, 317 S.W.3d 206 (Mo. Ct. App. 2010), a man filed for paternity of a boy even though another man had signed an Acknowledgment of Paternity when the child was born, and paid child support for the child for 6 years. The trial court initially dismissed Wilson’s paternity case because the court alleged he lacked standing to bring a paternity suit because another man had signed an Acknowledgment of Paternity. "Standing" is legal jargon which describes whether or not a person has a right to file a certain type of lawsuit. “Standing requires that the party seeking relief have a legally cognizable interest in the subject matter and that they party have a threatened or actual injury.” Shannon v. Hines, 21 S.W.3d 839, 841 (Mo. App. E.D. 1999).
The appeals court overturned the trial court’s decision finding that Wilson did have standing to bring the paternity lawsuit because the boy never had a presumed father. Under Missouri law, a child has a presumed father if he was born to a married couple (or the couple married within 300 days of the child’s birth), or if an expert witness testifies that blood tests confirm a man is the father of a child within 98% certainty.
In the Wilson v. Cramer case, the man who acknowledged paternity was not married to the mother of the boy. Because the boy had no legally presumed father, Missouri law gives Wilson standing to file a petition for paternity. The law reads, “an action to determine the existence of the father and child relationship with respect to a child who has no presumed father . . . may be brought by . . . a man alleging himself to be the father.” Because Cramer did have standing, the trial court’s dismissal of the case was overturned by the Missouri Court of Appeals.
When your relationship with your child is at stake, it's essential you choose an experienced attorney dedicated to men's rights who has a thorough understanding of paternity laws in Missouri. At the Men's Center for Domestic Resolution we have your best interests in mind all of the time, we look at all factors involved in a case, and we work alongside you to discover the best possible course of action. Similarly, if you are facing a paternity action filed by a woman, it is essential you retain an experienced attorney to ensure your legal rights are protected. Our firm provides empathetic and zealous representation for a variety of family law issues, including but not limited to adoption, alimony (AKA "maintenance"), paternity, child custody, child support, and divorce. If the matter proceeds to litigation and/or a trial, we are prepared to aggressively represent your legal rights.
Trust the Men's Center for Domestic Resolution
If you are a man facing family law issues such as divorce (AKA "dissolution of marriage"), child support, child custody, or paternity issues in Cass County, Missouri or the surrounding areas such as Lee's Summit, Blue Springs and Harrisonville, we got you! We provide men with the representation they can count on during one of the most difficult times of their lives. I, Robert M. Davis, DDS, Attorney at Law am a single full time father of three teenage girls, and have personally experienced the stress and emotional pain associated with family law matters in the courts. Let me passionately represent you. Call us at (816) 287-1530 to schedule a virtual or in person consultation so we can show you how we can help you through this challenging time of your life.
Your's truly
Rob Davis, DDS, Attorney at Law
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