Legal Question in Family Law in Missouri

I am about to have a baby by man currently incarcerated, I am also still legally married to another man as you can not get a divorce in Missouri while pregnant. I am wondering how I will go about putting the father on this child's birth certificate. Will they make us do dna test and then offer affidavit of paternity? I only have a couple weeks until my child will be here. What are the laws that pertain to this situation and how do I go about getting all of this done? How long will it take until he will appear on the birth certificate? Thanks.


Asked on 11/04/14, 3:19 pm

1 Answer from Attorneys
Anthony Smith LawSmith

As your divorce attorney will explain, there are sveral ways that a biological father can be listed on a birth certificate. Assuming that your husband will not be with you when you give birth, your simplest option may be to tell the clerk/nurse the father's name when they gather information. Obviously, the incarcerated man will not be able to acknowledge paternity at that time. The divorce Court may require a paternity test to exclude your husband from child support obligation. As you seem to know, when a married woman gives birth, her husband is presumed to be the father. Until that presumption is rebutted, he may be able to get custody, and have the ex wife pay him child support. If you haven't already, you need to consult directly with a family law attorney in your area, preferably before the birth.

Good luck

Good luck

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Answered on 11/06/14, 7:25 am


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