Legal Question in Family Law in Missouri

non biological father's rights

My husband believed he was the father a little boy from birth to three years. Signed the affidavit at the hospital. Boy has his last name. My husband was the only caregiver of this little boy who has multiple handicaps. My husband took him to All his therapy, woke up with him every morning, put him to bed every night. Since infancy. The mother had tried to abort the baby while she was 5 months and it failed, with reprocutions to the little boy. When my husband decided to leave her, his parents had the little boy (documented) every day and night. When we got married, she told him the boy wasn't his so we had a paternity test done. It wasn't his. After all this time, does my husband lose all rights? Are there any rights open to us for visitation. This has been the hardest on the little boy who doesn't understand why his Dad is no longer allowed to see him. The mother doesn't want us to have him, but she doesn't want him either. That boy is passed to whoever will take him, aside from us, for days at a time. We really want to know if there is anything we can do legally to still have the bond thats been there since he was born. Thank you so much for the time to answer my question.


Asked on 11/12/05, 3:05 am

1 Answer from Attorneys
Anthony Smith LawSmith

Re: non biological father's rights

If she had the child while they wre married, he is the legal father of the child. Until another man is shown to be teh biological father, he remains the father, in teh eyes of the court. If she had the boy out of wedlaock, then he is just anotehr person interested in visitation and possible adoption of the child. However, some courts have looked favorably on men in his positions. He needs to hire an attorney to pursue this matter.

Good Luck

Read more
Answered on 11/15/05, 5:54 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Missouri