Legal Question in Family Law in Missouri

I am unwed and pregnant in Missouri. The alleged father wants me and the baby to do a DNA test, do I have to do it? And what are my rights when this baby is born for her to be protected from him taking her?


Asked on 8/17/09, 4:25 pm

1 Answer from Attorneys

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

When your baby is born you will be the mother and you will have all legal rights concerning the child. The "alleged father" as you put it will not automatically have any legal rights concerning the child. If he signs an Affidavit of Paternity at the time of birth, there will arise a legal presumption that he is the father, but that does not give him any specific legal rights. If he or you files a lawsuit asking for a judicial determination of paternity, then the Court will Order a DNA test. The Court can also Order child support and provide for the legal rights of the legal father regarding legal and physical custody of the child. If you seek an adminstrative determination of paternity and an administrative Order for child support, the the state agency can require a DNA test as well. It is too bad that you have become pregnant without the benefit of being married to the child's father, but now you should take legal action to uphold your duty to the child. Please consult with an attorney.

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Answered on 8/17/09, 11:36 pm


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