Legal Question in Family Law in Missouri

Affidivt

What kind of Affidivt do i need to get, so my boy friend : the father of my unborn child to give all right to me stating that he will not take her from me at any time and if we ever split up? And where would i get one ?


Asked on 2/17/07, 6:04 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Affidivt

Since the father of your child is only your "boyfriend", and not your husband, the man does not have any legal rights concerning the child. If the father signed an affidavit of Paternity at the time of the child's bith and it was properly registered with the State fo Missouri, then he would be the legal father. If the Division of Family services contacted the man and had him admit paternity, or submit to DNA testing, they could also enter an administrative determination of paternity, but that does not give him any legal rights to custody of the child. The only way he will have any rights to legal or physical custody of the child would be for him to go to Court and have a Judge determine him to be the legal father and award him specific rights. There is no affidavit to do what you have asked about. There are many reasons why the old fashioned way of getting married first and then having children is still the best.

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Answered on 2/17/07, 6:44 pm


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