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?


Asked on 3/01/00, 8:38 pm

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

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.

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Answered on 3/14/00, 8:38 pm


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