Legal Question in Family Law in Missouri
Do I have to submit to testing?
The father and I had at first agreed to keep things out of court and I gave him very liberal visitation rights. He is becoming more and more unstable. He has never helped support the child and I have never filed to make him. The father has instigated some things that got child welfare involved, and now he is trying to take me to court. I was married at the time of birth, and my husband was unlocateable, so he was automatically designated as the father. At this point, since I have never received help from the father and I am not asking for it, do I have to allow paternity tests?
2 Answers from Attorneys
Re: Do I have to submit to testing?
If you were married at the time your child was born, your husband is presumed by law to be the father. If there is some question about Paternity he could file a Motion to obtain a Court Order requiring submission to the test. Adverse results could defeat the legal presumtion of paternity.
Re: Do I have to submit to testing?
I was unsure from your post if your husband was designated as the baby's father at the time of birth. Under the law in MO, if you are married at the time of birth the husband is presumed to be the father. However, if the "father" you reference in your post (whom I am assuming is not your husband) now wants to establish paternity (that he is the baby's true father) he can petition the court to order DNA testing to determine whether he is the baby's father. If he has been involved in the baby's life since the birth, which it sounds like he has been, and/or if you have recognized him as the father of the baby, it is fairly likely that the court will order such testing (absent any evidence to the contrary). Your decision to not seek assistance from the baby's father in no way eliminates the baby's father's right to be the father, and is not a defense to the paternity action. For the child's sake, I think you need to consider the importance of establishing who is the baby's biological father. Best of luck.