Legal Question in Civil Litigation in Missouri

My rights as a mother..

the father of my child..took a paternity test by the state..he is the father..our daughter resides with me ever since she was born..He was not in her live the first 6 months..I tried to be a gracious mother and allow him to see her whenever he would like..but not he is becoming a problem..demanding to see her when he wants at anytime, without concern about anything but himself..He said i didn't have full custody and he could come and get her anytime..Do I have any rights? Do i have full custody? We did not go through and attorney..just took a state paternity test.


Asked on 4/25/07, 10:20 am

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: My rights as a mother..

If there has not been a court order determining paternity and custody, he does not have custody. He may have a right to visit, subject to your rights to limit that visitation.

If he is paying child support, the courts would likely permit him reasonable visitation. However, you can lawfully deny him all visitation and require him to get a court order fixing his visitation. If he moves to get that order, you can assert your rights and ask the court to limit his visitation.

He cannot just come get her any time. This is especially true if there is no court order of paternity. Also, if he is not paying child support, you probably have a right to demand child support in exchange for visitation rights.

You should see a competent attorney in the area of family law and get some assistance before this matter gets out of hand.

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Answered on 4/25/07, 11:23 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: My rights as a mother..

The biological father of this child has no legal rights to see the child at all. You have full legal and full physical custody of the child, and whatever you decide about letting him see her is your decision. If he is concerned, he should hire an attorney and go to court to obtain some court ordered rights of visitation or other court orders regarding custody.

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Answered on 4/25/07, 11:32 pm


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