Legal Question in Family Law in Missouri
Child Support After Another Man Assumes Father's Role
Approximately 5 years ago, a woman I was with conceived a child I believe is mine. She left me when she was 8 months pregnant to return to her husband (she had told me that she was divorced, but I found out later that she wasn't). She didn't notify me of the baby's birth and put her husband's name on the birth certificate as the father. In subsequent conversations with her, she told me that her husband preferred to raise the child as his own and that she didn't want me to play any role in the child's life. She said she didn't want any money nor did she want me to make any attempts to visit the child. She didn't want the child to know I existed. Now, five years later, she is suing me for child support. Since I have been denied any right to see the child, another man had assumed the father's role and put his name on the birth certificate, can I be held liable for child support? Will I be responsible for back child support? What else should I be aware of?
1 Answer from Attorneys
Re: Child Support After Another Man Assumes Father's Role
You would have been well-advised to obtain legal advice five years ago rather than allowing this situation to get to this point. To be brief, the law presumes that the mother's husband is the legal father when a child is born in wedlock, but that presumption is rebuttable. In any attempt by the mother to obtain child support from you, she would have to prove paternity. DNA tests are currently accepted by most courts and are very reliable.I do not believe that you are in any danger from being ordered to pay "back child support"since the current law only allows a child support order to be made retroactive to the date you were served with the paternity suit in your case. The fact that the mother did not want you to be a part of the child's life (and you acquiesced) will not affect your obligation to pay child support. It is also likely that you would be able to obtain a Court Order granting you certain rights of visitation and so forth if you choose to do so. You may call me for a free telephone consultation at 314-727-2822 if you are not already represented by legal counsel. I will discuss attorney's fees and costs with you at that time.
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