Legal Question in Family Law in Missouri
Does the biological father have rights?
The child is one-year-old. Mama (my daughter) is 17 now. She was 15 when she became pregnant by an 18-year-old boy who was illegal in the States (a Costa Rican citizen)at the time. I did not press charges against him. He and his parents returned to their home country before the child was born. Now we hear they are talking about coming back to the States. Do they have parental/grandparental rights? There is concern they may try to steal the child away to their home country should there be contact. Is there anything I can do to prevent this? Worried Nanna.
1 Answer from Attorneys
Re: Does the biological father have rights?
Under the circumstances you describe the presumed biological father does not have any legal right to see the child, just as the mother has no legal right to child support from the father. But, more to the point, if your daughter allows the presumed biological father to see the child his lack of legal rights may not deter him from removing the child to his home country. It sounds like your daughter may be able to get a Court Order under the Child Protection Act if she alleges that there is a reasonable apprehension for the safety of the child. Then, once the Court Order is entered, copies are provided to the local police and they will enforce the Order by arresting the presumed biological father if there is any trouble and the police are called. Your daughter is not required to have an attorney in order to seek the protection through the courts, but in a case of such importance, I would definitely advise her to hire one to be sure that everything is done properly and promptly.Good luck.
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