Legal Question in Family Law in Missouri

How can I get my unborn child?

Hello. My ex girlfriend is pregnant with my child and she is threatening to take full custody not allowing me to see me child at all. I would like to have full custody myself. I do not know if this is a possiblity. She has a child already by another father who is no longer in the picture. I would like to have full custody yet I don' know if it is possible. Any advise would be great like how I could go about getting custody.. she is due in Febuary so I don't have much time.


Asked on 10/14/03, 10:50 am

1 Answer from Attorneys

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

Re: How can I get my unborn child?

It appears that you will need to file a lawsuit in the circuit court in the county where your ex girlfriend resides seeking a Declaration of Paternity. These are also sometimes referred to as a suit for a Determination of Paternity or a suit for Determination of Father-Child Relationship. I would strongly suggest under the circumstances that you describe that you undergo DNA testing to be scientifically sure that you are the biological father of the child. If the Court finds you to be the father, the court may award you custody or visitation rights. The court will most certainly make an order for child support, and if the mom gets physical custody or even if you get shared physical custody, you will probably wind up paying something in child support. The simplest of these cases can be very difficult and somewhat expensive. If there are any problems or any issues which the ex girlfriend contests (like custody) then such a suit may run into thousands of dollars in expense. However, it is important for you and for the child to have a legal determination made at the earliest p[ossible date. If you are in the Eastern half of the state and you are not otherwise represented by legal counsel, you may call me for a free telephone consultation at 314-727-2822, I have handled numerous such cases over the twenty-five years I have been practicing law.

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Answered on 10/14/03, 2:04 pm


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