When a child is born, but the parents were not married at the time of birth, the appropriate case for either a Father or mother to file to determine whether the alleged father is the father and, if so, how child Custody and Child Support should work is by filing a paternity action filed in the circuit court in which the mother or alleged father live. In certain circumstances, a mother may simply seek child support from the alleged father through the Division of Child Support Enforcement. However, the Division of Child Support Enforcement will not determine what custody rights a father should receive. This often results in a scenario where the father is paying child support, but yet he has no enforceable visitation rights. This is why a paternity action filed in the circuit court is a more comprehensive way to deal with the birth of a child out of wedlock. This is also why a father who wants to be an active participant in their child’s life must hire an attorney and file a paternity case. A paternity case works a lot like a divorce, except the court will not getting into dividing property and debt, nor can anybody be awarded maintenance (i.e alimony).

Paternity Testing Information for Men

If you were never married to the mother of your children, a father has no enforceable visitation time until he gets a custody order through the court system by filing a paternity action. This is true even if you are named as the child's father on the birth certificate. The child's mother is free to deny visitation until you file your paternity case and get a court order. She may deny visitation even if you are providing child support, so it is imperative to file your case to establish your rights to your child. The sooner you file your paternity case, the better chance you will have at obtaining custody or parenting time.

Even if you are not interested in seeking visitation or custodial rights, be forewarned that under Missouri law, the child's mother could sue you for paternity and child support. In this proceeding, you could be ordered to pay up to five years back child support. Therefore, in order to avoid large child support arrears that could result in further detrimental consequences (such as criminal proceedings) you should establish paternity through a court order as soon as the child is born.

The paternity testing process is simple and takes only a few minutes. The lab technician will merely swipe the inside of your cheek with a Qtip. After the results of the test are presented to the court, it will establish you as the legal father of the child. Custody and visitation may be decided in that hearing, or the court may do so at a later time.

Paternity Testing Information for Women

Under Missouri law, an unwed mother has all rights to custody and visitation, until and unless a court decides otherwise. However, until the paternity of your child is determined, you will not be entitled to collect child support. Once this is done, a child support order can be entered.

If the father of your children has filed a paternity action, you should call Stange Law Firm immediately. The law allows a paternity and custody to be decided in one case. Caught off guard, you could find yourself involved in a custody battle and be faced with the possible loss of custody of your child.
What if we have an agreement regarding custody?

If both parents have reached an agreement on custody and parenting time, this will make the case a lot easier. However, please know that informal agreements are not enforceable until a judge signs a judgment ratifying that agreement. This means that either party can choose to renege on any informal agreement not court approved. This is why it is crucial to formalize these agreements with the signature of a judge.
Father’s Rights

For various reasons, including old-fashioned stereotypes, and the outdated legal principal of the tender years doctrine (a doctrine that provides that custody of children under 13-years of age should be awarded to mothers), fathers are often seen as unwilling or incapable of caring for their children. However, many fathers can provide their children with the same care, affection and parental guidance that a mother can.

In fact, there is no presumption in Missouri law that a mother is automatically entitled to custody. The tender years doctrine has long been abolished in Missouri. In contrast, there is actually a presumption of joint custody, although joint custody does not necessarily mean equal visitation time for both parents. When the facts of a case call for it, courts can and do award custody to fathers, based on the principle of what is in "the best interest of the child."

If you work a full-time job, travel often and the mother has been the primary caretaker for the children, then sole physical custody may not be likely (unless the mother is incapable of or derelict in caring for the children). However, if you have played an active role in parenting the children, caring for their needs, attending medical appointments, attending school functions and PTA meetings, then the Courts will look at the history and may determine that joint or even full custody should be awarded to you.

It is important that a father seeking joint or fully custody help themselves by: (a) having adequate housing for the children; (b) living in a good school district; (c) having a work schedule that makes joint or sole custody plausible; (d) exhibiting patience and an even temperament (and avoiding what we call a "bar fight" mentality); (e) complying with all court orders; and (f) making a positive impression with the guardian ad litem, if one is appointed.

A guardian ad litem is an attorney appointed by the court to represent the children. It is imperative that a father in any custody case make a positive impression with the guardian ad litem. Although each Judge will make and independent analysis of the case before them in determining custody arrangements, Judges often rely heavily on a guardian ad litem's recommendation and it is usually an uphill battle if the guardian ad litem does not support your cause.

The information and materials on this Web site are provided for general informational purposes only and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this Web site is intended to substitute for the advice of an attorney, therefore if you require legal advice please consult with a competent attorney licensed to practice in your jurisdiction.