Full question:
My ex girlfriend was pregnant and said it was mine to try to get me to leave my current relationship. When I told her I wouldn't get back with her she told me it wasn't mine and shortly after that she got married to who everyone knew was the father of her child. Now, 11 years later, she's telling everyone he's my child and that I abandoned him. I have 2 children with my wife and I don't want my past to affect them but if it's my child I want to be part of his life. We have gone to an attorney but they told us we have no rights to him even with a paternity test because the man who is on his birth certificate has raised him. I want this issue settled before my children hear the rumors. What are my rights? My ex is now divorced from the boy's father and she is trying to cause problems and throw me in the middle of it. If proven I am the father am I going to have to pay 11 years of child support? And do I have any rights to him? I feel bad this kids has been put through this and I want to end the tension this is putting on my family.
- Category: Paternity
- Subcategory: Birth Certificate
- Date:
- State: Missouri
Answer:
The Missouri statutes have provisions for the contents of a birth certificate, including the name of the father.
Section 193.085 states in part:
5. If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless:
(1) Paternity has been determined otherwise by a court of competent jurisdiction; or
(2) The mother executes an affidavit attesting that the husband is not the father and the putative father is the father, and the putative father executes an affidavit attesting that he is the father, and the husband executes an affidavit attesting that he is not the father. If such affidavits are executed, the putative father shall be shown as the father on the birth certificate and the signed acknowledgment of paternity shall be considered a legal finding of paternity. The affidavits shall be as provided for in section 193.215.
6. In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth pursuant to the finding and order of the court.
7. Notwithstanding any other law to the contrary, if a child is born to unmarried parents, the name of the father and other required information shall be entered on the certificate of birth only if an acknowledgment of paternity pursuant to section 193.215 is completed, or if paternity is determined by a court of competent jurisdiction or by an administrative order of the family support division.
8. If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.
Statute 210.826 details when an action may be brought regarding the father - child relationship.
1. A child, his natural mother, a man presumed to be his father under subsection 1 of section 210.822, a man alleging himself to be a father, any person having physical or legal custody of a child for a period of more than sixty days or the family support division may bring an action at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under subsection 1 of section 210.822.
2. An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 210.822 may be brought by the child, the mother or the person who has legal custody of the child, any person having physical or legal custody of a child for a period of more than sixty days, the family support division, the personal representative or a parent of the mother if the mother has died, a man alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.
3. Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with subsection 2 of section 210.838, between an alleged or presumed father and the mother or child, does not bar an action under this section.
4. If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.
5. In an action to determine the existence of the father and child relationship under this section, a notification form, as specified in this subsection, shall be attached to the delivery of the petition through service of process. The notification form shall prominently state in boldface type as follows: "Important Notice. If you do not respond to this action, a judgment of paternity may be entered against you and you may be ordered to pay child support, medical support, or reimburse someone for support previously provided for the child. You have the right to contest that you are the father of the named child and you have the right to request genetic testing to prove whether or not you are the father.".
One local attorney has summarized the recent changes in the law in Missouri:
Until recently, paternity law in Missouri allowed a presumed father only one year to challenge the presumption. Moreover, a presumed father had to establish fraud to avoid a continued duty to make child support payments; that is, he had to prove that the woman lied to him about being the father. If he did not make a timely challenge, he was obligated to continue making payments until the child turned 18, even if DNA evidence proved he was not the father.
That was the past, though. A new law took effect in August 2009 that grants men broader access to petition courts for DNA testing and to vacate paternity judgments against them.
Doing so is not free, and that has likely been a contributing factor that has kept filings to a number beneath what the courts have exptected to see thus far. "We thought there would be a flood of them," says Jackson County Family Court Commissioner Patrick W. Campbell. "They just haven't come yet."
The up-front cost to get a case into court can be over $1,000, but whatever amount is laid out for DNA testing, case filing fees and, thereafter, attorney fees, pales when considering the potential savings involved in not paying child support for 18 years.
The new law provides that any man now paying support can challenge paternity until December 31, 2011. Following that date, a man will have two years to do so after a paternity judgment or support order has been entered.
Family law experts note that a man who is not the father of a child can still be ordered to pay support under the new law. Under the prior law, "the best interests of the child" was the overriding standard in paternity cases. The new law changes that to "in the best interests of the parties," which is a balancing test of competing interests. That standard has yet to be ruled upon in a contested case in Missouri, although an upcoming paternity hearing under the new law is scheduled for a Missouri man in October.
The paternity laws in Missouri are obviously in flux and somewhat complex, with new standards and important deadlines to note. Persons seeking to establish paternity or defend against it should contact an experienced family law attorney.
If paternity is sought, it should be remembered that the statute of limitations for establishing paternity in Missouri is the child's 18th birthday or 21st birthday if the child is bringing their own paternity action.
Also, if paternity is not suppported by the testing, and the mother continues to make insinuations or rumors, you may wish to explore a harassment claim or obtain a restraining order against her
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
