Paternity

Steve Scott

Attorney at Law

Serving Landlords, Individuals
and Small Businesses

Vanessa Reynolds

Legal Assistant

Paternity

So-called "paternity" actions can be filed in Missouri under the Uniform Parentage Act contained in Chapter 210 of the Missouri Revised Statutes.

Many years ago, the common law treated illegitimate children as something less than normal. In very early times, an illegitimate child could not inherit from either parent. Later, illegitimate children came to be regarded as essentially the children of only one parent, the mother, and could only inherit through the mother, while the father had no duty of support. In more recent times, the law has come to recognize that illegitimate children are entitled to support and inheritance rights from both parents.

Since there almost never any doubt about the identity of the mother of a child, the focus in most paternity cases is establishing the identity of the father. Among the issues that can be determined in a paternity action are:

	The identity of the parents
	Child support
	Custody and visitation rights

Although most paternity cases are filed by mothers seeking child support, occasionally they are filed by fathers seeking visitation rights and even custody.

If the parties to a paternity action agree that the man is the father of the child, generally no further proof of paternity is needed. If there is a dispute about the identity of the father, following are some examples of evidence that can be used to establish paternity:

Blood tests, which can be ordered by the court if the parties do not take them voluntarily

Testimony about sexual intercourse during the likely period of conception of the child

Various actions and statements by the alleged father acknowledging paternity, such as:

	Statements by the alleged father that the child is his
	The fact that the alleged father took the mother to the hospital for childbirth and arranged for her admission
	The fact that the alleged father visited the mother and child at the hospital
	The fact that alleged father arranged for the discharge of the mother and child from the hospital and signed necessary release forms
	The fact that the alleged father brought the mother and child into his home after discharge from the hospital
	The alleged father’s acts of displaying the child to others and presenting the child as his own
	The alleged father’s acts of providing for the child or making support payments for the child
	The alleged father’s act of allowing his name to be shown as father on the child’s birth certificate
	The resemblance between the alleged father and the child

Even if one parent of an out-of-wedlock child lives outside Missouri, a paternity case can be filed in Missouri if the act of sexual intercourse that resulted in conception took place in Missouri. Paternity cases can be filed in Missouri in any county where the child, mother or father resides.

Determination of child support and custody and visitation issues in paternity actions is generally subject to the same guidelines as in dissolution cases – see the separate pages dealing with those issues for further information. It should be noted, however, that it is probably more common in paternity cases for one parent to be awarded sole custody with the other parent having visitation rights, as opposed to a joint custody arrangement.

Scott Law Firm provides legal services in paternity actions. Contact us for information about fees and expenses.

[ Home ] [ Up ]

Inquiries about legal representation and comments about this web site may be emailed to sscott@scottlawfirm.com. We will endeavor to respond promptly but will not provide specific legal advice by email except to established clients. Please see our Notices and Disclaimers. Except as otherwise noted on particular pages, this entire web site is Copyright © 1998-2007 by Scott Law Firm Professional Corporation, Columbia, Missouri, U.S.A. Except as otherwise authorized with respect to landlord forms, site visitors may reproduce materials on this site for personal use only. All copies of copyrighted pages must include our copyright notice.