Legal Question in Family Law in Missouri
My son fathered a baby and the baby is now six months old. He and the mother were not married. The mother stayed with the grandmother until recently and moved out leaving the baby in her care. My son is listed as the father on the birth certificate and the baby has his last name. For our own peace of mind we did a home paternity test. The baby is definitely his. He wants to know what rights he has to custody with the mother not there now.
2 Answers from Attorneys
He needs to file a motion for modification to establish custody and a parenting plan, child support and health coverage to protect his interests. Locate an attorney who does paternity where the child is (county),.
Your son has no legally defined rights whatsoever concerning the baby.He needs to file a Petition in the circuit court seeking a Judgment determining his rights both as to legal custody and physical custody of the child. The court will also be entering an appropriate order for child support. The attorney who posted the previous response is a very good person and fine attorney, but many of her responses to questions use the term "motion for modification" in situations where that term is not approprate and can be downright confusing. In your son's case, for instance, there is no Order to be modified. Her advice for your son to hire an attorney is definitely good advice. I have been handling these types of cases for over thirty-one years and either you or your son may call me for a consultation.
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