Legal Question in Family Law in Missouri

Father disputing paternity after signing birth cert.

Please help me to understand the law on the father signing some form in the hospital after the birth of the child. My daughter is 2 yrs. old, and her father was with me through my entire pregnancy, and her birth. We had a falling out and anyway we split and he has since had another child. Well, he has not seen his daughter since Christmas 2004, and has not attempted to. So, I finally filed for child support. When he received the papers he responded that he wanted a hearing, because he didn't know if he was really the father now. It was done over the phone, and he had his lawyer on the line also. During the hearing we were both asked several questions and his lawyer said that his client requested a paternity test. The man doing the hearing, asked if he had signed this form in the hospital, and he responded yes. The man in return told his lawyer this was a civil matter. Could you please explain this law to me? He did sign the Birth Cert. also. What can he do now to prolong helping me support his daughter? Is this ''form'' that he signed really like proof of paternity? Will it be a lot of money for him to take this to civil court for a paternity test? How can this just be put off? Please help me understand. Thanks for any help!


Asked on 1/27/06, 4:08 am

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

Re: Father disputing paternity after signing birth cert.

Yes, the Affidavit of Paternity which the father signed is conclusive proof of paternity. I'm assuming that the State ordered him to pay child support after the hearing you described. If he wants any legally enforceable visitation rights with this child, he will have to go to Court and obtain a Court Order. I do not believe that the law allows him to relitigate the paternity issue and therefore I do not believe he is entitled to a paternity test. Some Judges have been known to bend the rules and allow one in order to avoid someone who is not the biological father being required to pay child support, but this is highly unusual. If the father does go to court it will cost anywhere from $1500 to several thousand dollars, and there is no doubt that you should hire an attorney in that case. I hope that this has been helpful for you.

Read more
Answered on 1/27/06, 6:58 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Missouri