Legal Question in Family Law in Missouri

Father's Rights After Mother's Death

My son's mother passed away last week and I want to know what right I have as a Non-custodial Parent? I pay child support and she has never told him about me. Her husband (seperated not legally and he has a girlfriend) is trying to keep me from getting my son and says that he's not giving him back. I want to know what I can do to get my son and if it will be alot of money. Can he be charged with kidnapping, since he's not the father and not giving him to me?


Asked on 2/23/03, 11:50 pm

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

Re: Father's Rights After Mother's Death

Were you married to the child's mother at the time of the child's birth? If not, have you ever been declared by a Court to be the child's legal father? If not, then you probably need to file a paternity suit to determine paternity and the fact that you may not have done so until after the mother's death may prevent you from obtaining favorable results. There are other issues which may be involved as well. Did the husband of the deceased woman ever adopt this child? You definitely need to consult with an attorney. Good luck.

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Answered on 2/24/03, 1:45 pm


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