Legal Question in Family Law in Missouri

Do I have any say?

How do I know what my rights to our eight year old daughter are? Wouldn't I have been notified if my ex had been granted sole custody of our daughter? We were never married and I thought that I had some custody (joint) or at least visitation rights. I was told that unless I had court papers saying so that I didn't have any rights at all. How do I find out what is really going on?


Asked on 7/21/03, 1:27 pm

1 Answer from Attorneys

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

Re: Do I have any say?

In Missouri, you are not the legal father of a child and therefore have no "rights" concerning custody or visitation unless you were married to the mother at the time the child was born or have been legally determined to be the father of the child, usually through a paternity suit. If this is your situation, I would strongly advise you to consider filing a paternity suit in order to be legally determined to be the father and to obtain such rights. Of course, the Court in such a case will in all liklihood also order you to pay child support. In some cases the DCSE (Division of Child Support Enforcement)makes an administrative determination of paternity in order to establish a child support obligation, but they are not authorized by law to provide the father with any custody or visitation rights. If you are not represented by legal counsel and would like a free telephone consultation, you may call me at 314-727-2822. I have handled many such cases over the twenty-five years I have been practicing law.

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Answered on 7/21/03, 4:54 pm


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