At Boehmer Law, our Paternity Lawyers and Family Lawyers in St. Charles, MO understand that not being certain of the identity of a child’s father can be agonizing and emotionally overwhelming for everyone involved. Paternity (fatherhood) of a child can occur within marriage or outside of marriage.
Making an accurate determination about the paternity of a child is critical. The results of these actions can have a serious impact on everyone involved. Child support, custody and visitation, parental rights and other considerations from the outcome of a paternity action.
A father who is not married to a child’s mother can verify (or disprove) paternity by acknowledgment or by genetic testing. In the state of Missouri, whether a couple is married or not married, if a paternity is assumed, either party can also file for a petition of non-paternity to disprove that someone is the father of a child(ren) in question.
You Can Voluntarily Acknowledge Paternity
In many states, you can acknowledge paternity without actually proving it, as long as all parties agree. Keep in mind, if a man proves through genetic testing that he is not the father, it can be difficult for the court to accept a claim for paternity. When your child is born, you can usually sign an acknowledgment at the hospital. Your name will appear on your child’s birth certificate as the father. You can usually also acknowledge paternity at a later time, by contacting your state’s department of vital records or department of health. Keep in mind by claiming that one is the father of a child, they are also assuming all the responsibilities of fatherhood.
What if I change my mind?
After you acknowledge paternity, you may decide to take another look at your paternity if evidence comes to light that you may not be the child’s father. In Missouri, if you have suspicions that you are not the father of a child, you can file for a petition for non-paternity to prove through genetic testing that you are not the father of a child. This may be important down the road if there are issues with regards to child support and inheritance rights. At any point in time during a child’s life you can file for a petition of non-paternity.
Your Actions Can Establish Paternity
In Missouri, the law assumes you are the father of any child born during your marriage. You don’t have to do anything to prove paternity, but you might want to disprove it. Even if years have passed during which the child believes you are her father, this is possible. Even if a mother does not want to do any type of genetic testing, the courts may require her to submit the child for testing if someone wants to prove or disprove paternity.
Ways Paternity Can be established
DNA Test
A DNA test is the most conclusive scientific test offered today. A child inherits half of its DNA from its father, so scientists analyze samples of both parties to determine whether the man’s DNA could have contributed to the baby’s. If you need a test to legally prove the identity of your baby’s father, a neutral third party, such as a doctor, must collect a cell sample from the baby and the potential father by softly rubbing the insides of each person’s cheeks with cotton swabs. The samples are then sent to a lab, which determines whether the men can be excluded as possible fathers. If one cannot be excluded, the lab will determine the probability that he is the father. Probabilities from DNA tests tend to be above 99 percent. Prenatal DNA testing can also be done if necessary.
Agreed Paternity Stipulation
If no DNA testing is done and all parties involved with a paternity case agree that someone is the father of a child, the court will recognize that paternity.
Let one of the Family Attorneys at Boehmer Law help you today. The laws surrounding the establishment of paternity, as well as its rights and duties, are very complicated. If you have any questions about proving or disproving paternity for a child please call Boehmer Law today at 636-896-4020. Your consultation visit is free and confidential—we will listen to the facts of your case and advise you on what we believe to be the best course of action.
Our clients in these types of cases include:
- Unmarried men who are being deprived of a relationship or visitation to their children by a mother
- Mothers who are trying to establish paternity to secure child support
- Assumed or alleged fathers who refute any biological relation to the child
Our paternity issues lawyers represent and help our clients on all sides of paternity issues. We know the law, we know your rights, and we will fight hard on your behalf because we understand what is at stake.
Call for your free consultative appointment today at 636-896-4020. We are conveniently located off Boones Lick Road in St. Charles, MO—let us get working for you!
boehmerlawblog 