Legal Question in Family Law in Missouri

What are a fathers rights? Didnt know, past support?

This info is regarding my husband, here is the story as I know it, IN HIS WORDS:

The mother advised of pregnancy, but we both decided to have an abortion. She took money that I offered ($200) to have it done, she then did NOT have an abortion, but called and stated that the child was not mine. She then contacted me when the child was 3 years old,says he is mine, did a online swab test, did not advise her of the results, but showed positive as father (99.9999% chance). My name is not on birth cert. She said she did not want child to see me. Then we had a notorized document made up saying she would not ask for child support and I would not ask for custody/visitation. Her sister and mother requested I visit child, and I did, per their and child's request. mother now says that to allow visitation, she will require a weekly payment of $150. Dont know what my rights are, if she can ask for past child support. What are options of putting child up for adoption on my part, to spare the child a custody battle.He has grown up with her boyfriends as his ''fathers''. Or what options are to get custody or visitation.


Asked on 6/04/06, 9:42 pm

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

Re: What are a fathers rights? Didnt know, past support?

To be brief, the father in this situation has no legal rights because he is not the legal father of the child. If he wants to have legally enforceable rights of visitation or temporary custody then he should file a Paternity suit with the appropriate court. If he does this, the mother will ask for child support whcih can be retoactive only to the time of the filing of the suit or service of legal pleadings upon the mother. She might choose to request "necessaries" which would include the cost of giving birth to the child and other related expenses. If the father elects to do nothing, the mother can go to court or perhaps seek state agency action in which the father may be determined to be the legal father and ordered to pay child support but receive no rights of visitation or tempory custody whatsoever. Under no circumstances should the ather allow the mother to blackmail him for child support until paternity is determined. Any agreement between them even if written down and notarized is legally unenforceable. Good luck.

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Answered on 6/05/06, 12:11 am


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