Legal Question in Family Law in Missouri

Parental Rights

My son's name is on the birth certificate and has been the father to this child for 7 yrs. We had a DNA done in 2010, my son is not biological father but agreed with child's mom to be his dad. The mom has sole custody and will not let my son see the child. Does my son have any legal rights?


Asked on 7/25/12, 2:07 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

How did his name get on the birth certificate, Usually it is because the man signs an "Affidavit of Paternity" that is filed with the state. This makes him the child's "legal father" but does not provide him with any court enforceable custody or parenting rights with the child. He needs to file a Petition in Court seeking to set aside the "Affidavit of Paternity" and change the child's birth certicate, or he might seek an Order from the court granting him some specifically court enforceable legal rights and parenting rights concerning this child, If course he would also be ordered to pay child support, pay for health insurance for the child, and possibly, a share of any schooling expenses, or extraordinary expenses. All of these obligations could continue until the child reaches the age of twenty-one or graduates from college. Does you son really want to be on the hook for these types of obligatons for tha long of a time for another man's child? Perhaps he should contact me if he dies not already have an attorney. I would explain everything to him including what it would cost to tkae the legal action that he needs to take, Then he can make an intelligent decision on how to proceed.

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Answered on 7/25/12, 9:33 pm


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