Legal Question in Family Law in Missouri
While seperated from my husband I conceived a child by another man. This child is not born yet. My husband and I are getting back together ( Never Divorced). He would like to raise this child as his own. I do not wish to have anything to do with the other man nor do I want the child to. If I put my husbands name on the birth certificate and give the child his last name, will the other man have any rights to take me to court for custody or seek visitation? Is there anything he can do?
1 Answer from Attorneys
When a married woman gives birth, Misouri assumes her husband is the father. Someone (husband or boyfriend) can Petition the Court for a Determination of Paternity. It is unlikely that a short time lover will make such a Petition. But, there may be little you can do to prevent it. Your husbnad may be able to Make the Petition, and possibly not have to secure a DNA match, (if no one contests his petition after sufficient advertosement). If the Court makes the determination, it may be tougher for another man to later claim paternity.
Good luck
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