Legal Question in Family Law in Missouri
my two youngest kids where born out of wedlock, there is no proven paternity through courts on file and no custody or parenting plan on file through courts . my ex kicked us out of our home when i was 6 months pregnant with our son. he is now 5 and in school. our daughter was 3 1/2 and she is now 8 1/2 and in 3rd grade. i have always been there primary caregiver , they attend school, soccer and girls scouts. they have gone to the same sitter for 4 years. they have lots of friends, attended play dates and sleep overs..as well as i host these too. my kids and i have lived in the same house for 5 yrs, he has moved 4 times in 5 yrs! my kids have never met anyone i dated and i have never had an over night guest. he has been married and divorced 2 times, his current gf he moved in with after 5 months of dating! i have offered school, sitter, dr , dentist, soccer and girls scout information several times of the years, he doesn't care and never asks . he has never been to a dr or dental appt for either kid! never goes to any school functions or parent teach er conference for either kid! he doesn't even know their dates of birth! he never calls or texts to check on them or say hi and never asks for more time.
we have had no problems for 6 yrs, civil to each other and we have been able to co parent fine. i asked him to help with school stuff for our daughter, it was $30! he flipped out and deiced i am unfit and a poor role model.
my question is, can he prove me unfit and take my kids? does he have any legal rights without paternity through court and no custody through court? i was also told if we do go to court, he will get no more than visitation, be ordered to pay child support and the state will come after him to pay back all the kids medicaid? i just don't want to have my kids taken, i am a good mother!
1 Answer from Attorneys
Without a court order establishing custody each parent has an equal right to the child and may keep the child from the other parent, GET A CUSTODY ORDER.