Legal Question in Family Law in Missouri
child support and paternity verse custody
i am currently married to a man that is legally the father of my child. We are now uncertain, after two and half years, if he is the biological father. How do I go about testing my child's paternity and is he entitled to back child support if the other man is his father?
1 Answer from Attorneys
Re: child support and paternity verse custody
First, you need to understand that I do not practice law in your state, and that your state laws
concerning custody, paternity, adoption, and child support might differ from mine.
Second, your question is not clear. If I understand you correctly, your husband is the legal father
of your child (which occurs when a child is born of a marriage or within a certain time of the
parties� separation) but he might not be the biological father. Apparently, you and your husband
are separated, and he�s been paying child support on the presumption that he is the biological
father. If I�m right so far, then (at least in my state) you or he can tell the child support enforcement
agency that he questions paternity and wants a test. They�ll give him the location and phone
number of the closest testing site, and provide the same information to you. If the testing shows
a high enough probability that he is not the biological father, then the agency should stop
collecting support from him.
However, after all this time, if the child has bonded with legal dad, you should both carefully
consider the ramifications of legal dad stepping out of the child�s life and consider that it might
be in the child�s best interest for legal dad to remain an active part of the child�s life.