Legal Question in Family Law in Missouri

Boyfriend not named as father on birth certificate

My husband was involved with a married woman who was seperated from her husband 10 years ago. She got pregnant and my boyfriend raised the child when the mother was sent to prison. He has raised the child by himself for the last 10 years. He has never been listed on the birth certificate as the father. He has never been given legal custody of the child. The mother has never paid any child support. Considering the mother was on drugs at the time of the pregnancy, and cheating on my boyfriend, he is not sure he is the child's father. No DNA was ever done. The mother is out of prison now and living in a homosexual relationship with another woman she was in prison with. The mother now wants the child back. The child wants to go live with her mother. Can the mother sue the boyfriend for child support?


Asked on 5/21/07, 11:33 pm

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

Re: Boyfriend not named as father on birth certificate

If the woman was married when she had the baby, her husband is the legal father of the child. The "boyfriend" who has raised the child has no legal rights to the child. If the mother wants to collect child support from him she will have to go to court and have the legal presumption that the husband is the father set aside and then prove (through DNA) that the boyfreind is the father, at which point he can obtain legal rights to visitation, temporary custody, or perhaps even full custody given the facts you have included in yoru question.

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Answered on 5/27/07, 12:32 am


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