Legal Question in Family Law in Missouri
My husband and I share custody of his 5 yr old daughter with his ex girlfriend. My husband and the mother have shared custody of said child 50/50 for the 3 years they have been split. my step daughter is very close to our families and her mothers. They agreed on school district at time of seperation and have never had any issues keeping their 50/50 arrangement. The mother, who has chosen to not meet me even though Im quite involved in her daughters life, is constantly threatening to take my husband to court. They do not exchange money or child's possessions unless doctor visits or other small things such as a fee to play in a sport comes up. We love our arrangement but I worry about her rights with him having no legal agreement or paternity test. He is however listed as father on birth certificate. Does he have rights as father of child even if they have never had a legal agreement in the past?
1 Answer from Attorneys
Why in the world did he not have a DNA test conducted? There is at least a possibility that the child is not his biological daughter. I ALWAYS advise my male clients who believe that they are the father of a child born, or to be born, out of wedlock to have the test done to be sure. Under a relatively new Missouri statute I believe that he may be able to file a suit to deal wtih the issue, but he may have waited too long and might be barred by the statute of limitations. I have also handled suits seeking to set aside the "affidavit of paternity" that he must have signed in order for his name to be on the child's birth certificate. He may need to plead and prove that the child's mother told him that he was the child's father knowing otherwise or at least knowing that some other person might be the father. In any event, under the facts that you give us, I would say that your husband has no legal rights to the child while at the same time he may have the legal duty to pay child support. If I was in his position, I would consult with and hire an attorney to see what can be done at this late date to try to establish and protect his legal rights so that the mother does not have the unfettered right to do whatever she wants with this child.