Legal Question in Family Law in Missouri

Re: Who's responsibility is it to prove paternity for a mother filing for child

Generally an unmarried woman if free to name her baby whatever she chooses including the last name. Many women in your situation choose to give the baby the mother's last name, and put this on the birth certificate. I believe that you will be given the opportunity to name the man you believe to be the father, who the law refers to as the "putative father", so that his name will be included in the Putative Father registry kept by the state. The name you give the baby has no legal effect on the issue of paternity. To answer your question specifically, I personally believe that it is your moral obligation to your child to have paternity legally determined, even if you do not technically have a legal duty to do so. As a practical matter, a child is entitled to the support of both parents, and since the baby is unable to protect its own legal rights, it is up to you to do so. You may elect to contact the state Division of Family Services and seek an administrative determination of paternity together with an administrative determination of child support. You would not need a lawyer in order to do this. If the father denies paternity, they will make arrangements for a DNA test. Or, you could hire an attorney to file a lawsuit seeking a determination of paternity in the circuit court in the county where you reside. Again, a DNA test would be ordered if the father wishes. Again, a child support order would be entered. In addition, in a court proceeding the father may obtain joint legal custody or at least enforceable rights of visitation with the child. The costs of such a proceeding may range from several hundreds of dollars upwards dependng upon the facts of the case and the actions of the parties. Either way you elect to proceed, I strongly advise you to take the appropriate action for your child's sake as well as your own as soon as the baby is born.I hope that your pregnancy and delivery are safe and easy for you. If you would like to discuss your situation further you may call me for a free telephone consultation at 314-727-2822.