Legal Question in Family Law in Missouri

I have a child custody issue. I have raised a child as my own for almost 4 years, since the day she was born. My name is on the birth certificate, I signed the affidavit at the hospital. I took the mother to every since doctors appointment, and was there for the birth. Today I got a call from her biological father stating that he was wanting to talk to me about the custody of the child and that he wanted some information for his lawyer. I didn't answer the call it was a voicemail and I didn't call him back. As far as I know he has never even seen this child, and he has definatly done nothing to benifit her well being. He has a history of producing, selling and doing drugs including meth according to the childs mother, and she also has a recent history of meth and recent jail time regarding this and other issues. The child lived with there grandmother on her mothers side for about a year after me and the mother split while I got everything settled in my life so that I could have her. She has been living with me nearly full time with the exception of every other weekend for about 5 months now. We also have another child together of which I am the biological father. There has been no legal paternity test preformed and no one involved in this has ever been married. I was wondering what my legal right may be. Thank you for your time.


Asked on 6/12/10, 4:39 pm

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

It sounds to me as if you have a very difficult legal situation. Signing the affidavit of paternity raises the legal presumptio that you are the father of the child, but gives you no rights to custody. If the biological father files a Paternity suit and the DNA test proves that he is the father, the normal court order would award custody to him. However, there is a statute which would allow a court to award custody to you or to any third person really if certain things are proven, such as that both parents are unable or unwilling to take custody and provide for the child's best interests. Fighting for custody would definitely be an extremely expensive process and there would be no guarantee of success.

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Answered on 6/13/10, 9:57 pm


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