Establishing paternity is an important step for unmarried parents when they welcome a child to their family. In Missouri, married couples that have children are presumed to be the legal and biological parents of that child, and this paternity is automatic. In order for both parents in an unmarried couple to have parental rights, they have to take steps to establish paternity. A Columbia paternity attorney can help parents secure important legal rights.
Important parental legal rights include the right to decide their child’s education and healthcare, the right to request custody and visitation, and the right to child support for their child. There are different ways parents can establish these rights and several beneficial reasons to do so.
How You Can Establish Paternity in Columbia, MO
There are two ways that unmarried parents can establish paternity. These include:
1. An Affidavit Acknowledging Paternity
When both parents sign a voluntary Affidavit Acknowledging Paternity, the parent that did not give birth to the child becomes a legal parent. This is a very straightforward method of establishing paternity. Both parents must agree that both are the child’s biological parents when signing this affidavit.
If the affidavit is signed while the couple is still at the hospital, both parents’ names can be put on the child’s birth certificate. If the affidavit is signed at a later time, another birth certificate can be requested with both parents’ names.
If parents do not sign the affidavit at the hospital, then the form can be secured by contacting the Family Support Division (FSD) or the Department of Health and Senior Services’ Bureau of Vital Records.
The state suggests that if either parent is not sure one individual is the other biological parent, then parties should wait to sign the affidavit and instead get genetic testing completed. These tests can be requested through the FSD. The genetic testing itself does not establish paternity but can be used prior to signing an affidavit or securing a court order.
2. A Court Order
Either parent or potential parent can also file a paternity action with the court. This is necessary if either parent refuses to sign the affidavit or otherwise cannot establish paternity through the affidavit. Either unmarried parent can file this action when the paternity is contested.
When a paternity court order is filed, the court will likely request genetic testing from all involved parties. A parent can also file with the FSD for genetic testing and submit the results to the court to establish paternity. If the other parent does not agree to the test, then the parent can file with the court. The court can require the non-filing parent to take the genetic testing.
If genetic tests prove the other parent as the second biological parent, then the court will create an order establishing parental rights.
Why Should I Establish Paternity?
Establishing paternity is incredibly beneficial for the emotional and financial wellness of a child. There are also benefits for both parents. Some of the benefits for a family with established paternity include:
- Children can have several mental and emotional benefits due to a sense of their identity, a feeling of belonging, and greater stability.
- Children receive financial support from both of their parents.
- Parents can make decisions for their children.
- Children can have better and more meaningful relationships with both of their parents and with both parents’ extended families.
- Parents can spend time with their children.
- Parents have equal parental rights.
- Children have access to each parent’s medical history.
- Children can receive benefits from both parents, including medical and military benefits.
- Parents have the right to be notified of the adoption or termination of parental rights involving their child.
If neither parent establishes paternity, this does not mean that paternity cannot be established. The state’s Child Support Enforcement division could order paternity established if a child needs financial support so that an order can be created for child support. Even when paternity is established, the other parent does not have the legal rights to custody or legal decision-making.
FAQs
Q: What Rights Does a Father Have in Missouri if Unmarried?
A: If a father in Missouri is unmarried and does not take steps to establish paternity, then he has no legal parental rights for his child. Fathers can establish their paternity through a voluntary acknowledgment they sign with the other parent or can petition the court to confirm and establish their paternity. Paternity provides both parents with rights to their child, including the right to request custody and the right to receive or provide child support.
Q: What Establishes Paternity in Missouri?
A: There are three ways to establish paternity in Missouri: by being legally married when a child is born, through a voluntary Affidavit of Acknowledging Paternity, or through a court order. A court order can be requested through the family court itself or by contacting the Missouri Family Support Division.
Unmarried couples must take steps to establish paternity for the parent who did not give birth to their child, while married couples have paternity and rights to their child automatically.
Q: What Is the Statute of Limitations on Paternity in Missouri?
A: The statute of limitations on paternity actions in Missouri applies if a child has only one biological and legal parent and no presumed second legal parent. When this is the case, the statute of limitation is when a child turns 18. Any time before a child turns 18, a parent, a suspected parent, the child, or the state can request a paternity action. The child themselves has additional time and can file a paternity action until they turn 21.
Q: How Do You Get a Paternity Affidavit in Missouri?
A: You can get a voluntary paternity affidavit in Missouri in the following ways:
- From the staff at the hospital after a child’s birth.
- By contacting the Department of Health and Senior Services Bureau of Vital Records to request the affidavit or request help completing the document.
- By contacting the Family Support Division to request the affidavit or help completing it.
A paternity affidavit is the right option for establishing paternity if both parents are certain the parent is the other biological parent of the child.
Work With a Lawyer at Stange Law Firm
Some families have an easy time establishing paternity. Other families can have contested or complex situations that can be much easier with the right attorney. Contact Stange Law Firm for legal support in establishing paternity.