Legal Question in Family Law in Missouri

When a married woman gives birth, Missouri Courts presume her husband to be the father, for almost all purposes, until a contrary determination of paternity is established. I hope that you, your husband and your daughter can resolve this issue.

While it might seem dificult, it may be possible to determine if the child was sired by your husband, or more likley by his deceased brother. This will be easier if there is some DNA material of the brother available, or he has any living children. They could check those kids, and their mother, and compare them to your daughter. If the brother left hair in a brush, or saliva on a toothbrush, labs can sometimes obtain useful DNA. You did not indicate how your brother-in-law passed. Perhaps their are blood and/or tissues in a hospital pathology department.

You did not indiate whether you suspect that your daughter is not from your husband. If you do, you might willingly participate in the search. If her biological father is dead, Missouri only gives your daughter a short time to claim as his heir in probate court. There may also be the issue of SSI or SSD or other survivor benefits.

Although DNA is a wonderful and useful tool, it may not be possible to determine absolutely which brother sired your daughter. The results may be described in nagative probabilities like 1 in 1,000 or 1 in 10,000,000, that the man tested is not the father. The higher the second number the more likley it is a match between father and child. It may be described in a percentage in common, such as the man tested shares 99.995% DNA match with the child's father. Again, the higher the number the better the match.

If your husband is less than a 99.9999 match, it may be dificult to establish the brother to a greater certainty, if there are no great DNA samples to compare. Therefore, the result could be inconclusive, which might cause your husband to suspect that neither he nor his deceased brother are the biological father. Are you prepared for that? Even if your brother-in-law was the father, they may not be able to prove that to your husband's satisfaction.

You are in a harsh situation. Hopefully, the test will relieve your husband's mind. Because that might not happen, you should take steps now. Too many people wait too long to prepare, and suffer needless consequences. You did not indicate WHY there is a chance that your child may have been from her uncle. Perhaps some individual, family or couples counseling may be useful. Marriage vows and fidelity are valuable. There is often and unrelated issue that causes one to cheat.

If you believe that your husband may divorce you if he isn't the father, you will be glad that you planned and prepared for the worse. You might start taking inventory of your personal marital assets. It might be wise to consult direclty with a family law attorney in your area. Many offer a free or low cost initial consultation. If you send me an email, (referring to this post) and tell what city you live in or near, I might be able to refer someone free of charge.

Good luck