Legal Question in Family Law in Missouri
Father turns out not to be childs father
A dna test was performed with out mothers consent and the results turned out to be 0% (father excluded). Mother and father lived together w/ child for 7 1/2 years and have recently split up (they are not married). Father is still wanting some type of custody agreement. Please advise my legal rights.
1 Answer from Attorneys
Re: Father turns out not to be childs father
In the first place if the parents were not married when the child was born then the man is not the legal father of the child and has no legal rights whatsoever unless he has obtained a judicial determination of paternity, in other words a Court Order declaring him to be the father. I do not understand how a DNA test could be obtained without the mother's consent since the test requires samples from the mother, the child and the putative father. If the man believes he is the father he can file a Paternity suit. The mother could then insist upon a proper DNA test. If he is the father then he will be awarded some rights. If not the court will not give him any rights. If you need anhy legal services you may feel free to call me at 314-727-2822.
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