Legal Question in Family Law in Missouri

Re: Paternity Questionable

There is no doubt that you should file a suit to seek a Judicial Determination of Paternity in which DNA testing can be Ordered by the Court if both sides do not consent to testing. If you are the biological father of this child, you need a Court Order declaring you to be the legal father of the child and setting forth what custody arrangements are in the best interest of the child. This may be joint custody or custody to one of the parents with visitation and temporary custody to the other one. Right now you have no legal rights whatsoever concerning this child and the mother could disappear with the baby forever. It is not only your rights that are important. Doesn't the child deserve to know who its father is? Under the law the baby has the legal right to file a suit (through a court appointed "next friend") to determine paternity, but quite often this is not done. If the testing shows that you are not the father of this child, then you will know, and, as hard as it might be for you, you can detach yourself from the child and get on with your life. If you are the father you will probably want to contribute to the support of the child, and you will no doubt want to see the child and be a major part of the child's life. I do not believe there is much hope for you recovering anything from the mother if the testing shows you not to be the father. The money you gave her would probably be deemed under the law to be a gift. You certainly had no legally enforceable duty to pay her anything. It is possible that you may be able to sue the mother for fraudulent misrepresentation if you can show that she knew you were not the father and lied to you in order to get money from you, but this would be difficult to prove. Most attorneys I know would not be interested in pursueing such a lawsuit against the mother. However, many attorneys wouyld be able to help you with the paternity suit. If you are in the Eastern half of the state and are not already represented by legal counsel, I would be willing to give you a free telphone consultation. You may call me at 314-727-2822.