Legal Question in Family Law in Missouri

I am currently trying to file for divorce. I have already hired a lawyer, paid him, but after 2 months, still have no papers. My husband and I have 2 children together, the first being born prior to our marriage. He signed the birth certificate and has never questioned paternity. Since being seperated, I have had a third child. My husband signed an affadavit stating that he is not the father and the actual father of this child signed the birth certificate. My lawyer says that there is no need to establish paternity on the first child since my husband signed the birth certificate but that he needs more money to establish paternity on my third child. Why is a signed birth certificate enough for one child and not the other? Or is it?


Asked on 5/10/11, 9:33 am

1 Answer from Attorneys
Anthony Smith LawSmith

It basic terms the law assuems that a child born tro a married woman is her husband's. If a woman is unmarried when she gives biorth, the tnt he name of the birht certificate is assumed to be the Dad. The is why the 1st child is already assumed to be your husband's. That is also why the 3rd one is too. Your attorneuy will have to address the fact taht you had another chidl prioor to filing for divorce. The law assumes you were still faithful to you husband. As to teh tiume for getting the divorce Petition field, it is a case-by-case determination. if you ask yoru attorne for an explanation and are not satisfied with the answer, fire them and hire counsel you trust more. You may not get all of your money back as the present attorney may have earned some of their fees.

Good luck

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Answered on 5/10/11, 2:02 pm


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