Legal Question in Family Law in Missouri

I have been receiving child support from my son's father for about a year. Previously, he was totally uninvolved in my son's life. My son is now 13 and has been seeing his father for a little over a year. We have a mutually agreed upon parenting plan, but the courts will not accept it since we've never had a custody hearing. My son's father will be moving to Texas in the next few months and would like for my son to visit him for part of the summer. My son is autistic and cannot be trusted to fly alone, and will panic in an unfamiliar situation. My question is since we've never had a custody hearing, who actually has custody? Does my ex's lack of involvement for the first 11 years of my child's life impact his parental rights? What do I need to do to get the parenting plan in place?


Asked on 4/22/10, 9:20 am

1 Answer from Attorneys

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

Why don't you tell us whether you were married to your "ex" at the time the child ws born, and, if not, whether anything has been done to legally determine your "ex" to be the father of the child? If neither one of these things is true, then you have custody and the "ex" has no rights whatsoever.

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Answered on 4/27/10, 5:58 pm


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