Legal Question in Family Law in Missouri

Re: Returned home

Your question describes a very unfortunate set of circumstances, and I am sorry for both the Dad and the Son in this situation. But first, an attorney would need to know if the Dad had ever been legally determined to be the father of the Son. Has there been a paternity suit? Is there a Court Order declaring Dad to be the legal father? If not, then it is likely that the Dad has no legal rights to custody at all. In rare cases it may be possible to still obtain sufficient DNA evidence to prove paternity, but the death of the Mom makes this extremely problematic. As far as the immediate concerns about the outstanding warrant for Dad's arrest, I would strongly advise Dad to hire an attorney BEFORE Dad is picked up on the warrant and arrested. An attorney may be able to have the warrant cancelled, or at least be able to arrange the very best bond terms and arrange for the voluntary surrender of the Dad at a time convenient to the Dad in a way to minimize any actual time detained in jail. An attorney should also be able to represent Dad on the underlying criminal charge so that the charge is either dismissed or a plea bargain negotiated with which Dad can live. I do handle matters of this nature, so if you would like a free telephone consultation you may call me at 314-727-2822.