×
*Please note that a 3% processing fee will be added to credit card payments
Schedule A Consultation

573-821-4013

Menu
Search

How is Paternity Established in Missouri?

Home
/
Blog
/
How is Paternity Established in Missouri?

How is Paternity Established in Missouri?

Establishing paternity can feel overwhelming when you’re already dealing with complex family circumstances. Whether you’re seeking to secure your child’s rights, establish support obligations, or simply want legal clarity about parentage, understanding Missouri’s paternity process is crucial for protecting your family’s future.

As someone who has guided countless families through this process over more than two decades of practice in Missouri courts, I, Scott A. Hamblin, understand the emotional weight and legal complexity involved. Establishing paternity isn’t just about paperwork; it’s about securing your child’s legal rights, including access to medical benefits, inheritance rights and emotional support from both parents.

What Does Establishing Paternity Mean?

Establishing paternity is the legal process used to determine whether a man is a child’s biological and legal father. In Missouri, this determination must be completed before child support orders can be established. The process creates legal recognition of the parent-child relationship, which carries significant rights and responsibilities for both the child and the parents.

Methods of Establishing Paternity in Missouri

Missouri provides several pathways for establishing paternity, each designed to accommodate different circumstances and family situations.

Affidavit of Paternity

The most straightforward method involves signing an Affidavit Acknowledging Paternity. This can happen at the hospital when the baby is born, where both parents complete the affidavit together. Once signed, the man becomes the legal father, and his name appears on the child’s birth certificate.

If parents don’t complete the affidavit at the hospital, they have additional opportunities. You can contact the Missouri Department of Health and Senior Services’ Bureau of Vital Records or the Family Support Division to obtain an affidavit or receive assistance completing one. This flexibility ensures that timing doesn’t prevent establishing legal paternity.

Genetic Testing

When paternity is uncertain, Missouri offers free paternity testing through the Family Support Division. The testing process is straightforward; it involves a simple swab inside the cheek of the child, mother and potential father. Laboratory analysis determines biological relationships with remarkable accuracy.

If genetic test results show at least 98 percent probability that the man is the father, Missouri law presumes paternity. However, genetic testing alone doesn’t establish legal paternity. Parents must still complete an Affidavit Acknowledging Paternity or obtain a court order naming the man as the child’s father.

Court Order

When other methods aren’t suitable or available, obtaining a court order establishes paternity. This process involves filing legal documents and potentially presenting evidence before a judge. Court orders provide definitive legal determination of paternity, particularly valuable in contested situations.

Special Circumstances

Missouri law recognizes that family situations can be complex, requiring specific procedures for unique circumstances.

When the Mother is Married to Someone Else

If the mother is married but not to the child’s biological father, additional steps are necessary. Both the mother and her husband must complete a Husband’s Denial of Paternity form, which accompanies the Affidavit Acknowledging Paternity. This process legally clarifies that the husband is not the child’s father while establishing paternity with the biological father.

Uncooperative Spouses

When a husband refuses to cooperate or cannot be located, married mothers can apply for Child Support services through the Family Support Division. This assistance helps obtain court orders establishing paternity despite the husband’s lack of cooperation. The state’s resources can be invaluable when navigating these challenging circumstances.

Safeguard Your Child’s Best Interests With an Attorney

Establishing paternity protects your child’s fundamental rights while clarifying legal relationships between family members. Whether you need assistance with affidavits, genetic testing or court proceedings, understanding your options helps you make informed decisions for your family’s future.

Every family situation is unique, requiring careful consideration of legal strategies that align with your specific circumstances and goals. If you’re facing paternity questions or need guidance through Missouri’s legal processes, I, Scott A. Hamblin, can help protect your family’s best interests. For personalized guidance on establishing paternity in Missouri, contact my office.

Share this post :

He’s On Your Side

Scott will keep you up to date on all important developments in your case. When you need to get in touch with him, he will be there to answer your call or return it promptly.

Schedule a Consultation

Attorney

Scott A. Hamblin

Top-Rated Trial Attorney

What Our Clients Say

atry-image
Your Case in
Capable Hands

Contact Us

For accessible and experienced representation, contact attorney Scott Hamblin today.

  • This field is for validation purposes and should be left unchanged.