PATERNITY
A FATHER'S RIGHTS



In Missouri, issues regarding establishment of paternity, child support, and custody of children born out of wedlock are governed by the Missouri Uniform Parentage Act (MoUPA). Either parent can file a Petition in the Circuit Court in order to establish paternity and for orders of custody and child support. A parent wanting to establish paternity and obtain financial support only may instead go through the State of Missouri & Family Support Division. Custody plans are not dealt with by this agency; therefore, an action must be brought in the court to establish a visitation or custody plan. An action to establish paternity may be brought at any time for a child who has a presumed father. What is a presumed father?


Section 210.822 of the Missouri Uniform Parenting Act states:


PRESUMED FATHER


1. A man shall be presumed to be the natural father of a child if:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution, or after a decree of separation is entered by a court;

(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or may be declared invalid, and:(a) If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or dissolution; or(b) If the marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation;

(3) After the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the marriage is or may be declared invalid, and:(a) He has acknowledged his paternity of the child in writing filed with the bureau; or(b) With his consent, he is named as the child's father on the child's birth certificate; or(c) He is obligated to support the child pursuant to a written voluntary promise or by court order;

(4) An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is ninety-eight percent or higher, using a prior probability of 0.5.2. A presumption pursuant to this section may be rebutted in an appropriate action only by clear and convincing evidence, except that a presumption under subsection 1 of this section that arises from a blood test or the filing of an acknowledgment of paternity in a state or territory in which the blood test or the filing creates a conclusive presumption by law also has conclusive effect in Missouri. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing the paternity of the child by another man.


NO PRESUMED FATHER


If there is no presumed father, an action to determine the existence of the father/child relationship is typically brought by the child's mother, the Family Support Division, or a man alleging himself to be the father. In some situations a guardian or custodian may initiate the action. If there is no presumed father, an action to establish the existence or nonexistence of a presumed father-child relationship must be brought no later than eighteen (18) years after the birth of the child. A child who has no presumed father may bring their own action within three (3) years after attaining age eighteen (18). This is general information provided to answer some of your initial questions. Paternity actions are very complicated and time sensitive.





Experienced Service and Legal Counsel


Our goal at West County Family Law is to provide the highest quality of experience, service and legal counsel. With more than 65 years of experience, attorneys Case & Rajnoha are capable of handling many types of legal matters. Founded in 1975, West County Family Law's trademark has been prompt, personal attention. Our success has been our dedication to our clients and protecting their best interests and rights. Our clients deserve to be well-represented, with quality legal services provided by a dedicated team of attorneys and paralegals. We pride ourselves in our personal service by making sure we are available for our client throughout the legal process.



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West County Family Law is located in Ballwin, Missouri, and serves the cities of St. Louis, Chesterfield, Fenton, Valley Park, Clayton, Creve Coeur, Kirkwood, Des Peres, Webster Groves, Manchester, Eureka, Hillsboro, Maryland Heights, Town and Country, Ellisville, Frontenac, Wildwood, Ladue and Crestwood. We also serve other communities in St. Louis County, Jefferson County, St. Charles County, West County and South County.​​