Legal Question in Family Law in Missouri

Biological father's rights

This is a very long and complicated situation. My husband and I just found out he has a 13 year old daughter. He agreed to take a paternity test because he was told her legal father was an unfit parent. After the test he was not allowed to see her and she started coming to our house and we became very attached to her and love her. It turns out her legal father and his wife are very good to her and have had to rescue her more than once from an abusive home. The real reason for the test was that the legal father would not agree to more child support. When she found out that the court would not switch it to my husband we no longer could see her and her mother packed her things and moved her in with her legal father because Her step-father is very mean to her and has made it very clear he does not want her around . The child loves her legal father very much and wants to live with him and wants nothing to do with her mother at all. I have heard her mother call her names and belittle her over the phone. She has to call her mother to get permission to go places and her mother threatens to take her back constantly and constantly calls them yelling and screaming about something. If they won't come forward to get custody can we ?


Asked on 6/18/07, 6:17 pm

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Biological father's rights

Why doesn't your husband file a suit to determine the paternity of this child? If he is determined by the Court to be the father, and the "legal father's" rights can be dealt with, then it would be possible for the Court to award custody of the child to your husband. Was the "legal father" married to the mother at the time the child was born, or did he sign an affidavit of paternity in the mistaken impression that he was the biological father? The particular twists involved in this case would require some legal research and perhaps some litigation, but if your husband wants to pursue this I would suggest that he consult with an attorney,

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Answered on 6/22/07, 11:52 pm


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