In Missouri, unmarried fathers do not have paternal rights to their newborn child until they can legally establish their paternity. This requirement is a vital element for fathers who want to be involved in their children’s lives.
Here are two ways to establish paternity in the state:
Voluntary acknowledgment of paternity
The easiest way to establish a father’s paternal rights is through signing an Affidavit Acknowledging Paternity. By signing this document, the father is voluntarily declaring that the newborn baby is his. In most cases, both parents sign their affidavits right after their baby is born, where hospital staff provide separate forms and witness them signing.
Once the documents are valid, the father’s name becomes part of the baby’s birth certificate. The affidavits will carry the same authority as a court order, enabling the father to request custody and visitation rights.
Filing a paternity action in court
If there is a disagreement between the mother and the alleged father, establishing paternity will require a court action. In this process, the alleged father files a paternity case with the circuit court clerk in the county where the mother and child live. After submitting the petition, he must serve the mother with a copy of the paperwork.
He may then seek help from the Family Support Division (FSD), which can assist him with free DNA testing. If the result shows a 98% or higher probability rate, Missouri law will presume that he is the father.
Once he submits the genetic testing to the court, a judge will review the evidence and issue a judgment establishing their father-child relationship. This court order provides the father with the legal foundation necessary to raise their child and make important decisions with their mother about their upbringing.
Fathers have rights, too
By navigating the legal process successfully, unmarried fathers can gain paternal rights to their children and become an active pillar in their lives. This practice also provides their offspring with various privileges, such as health insurance, the right to inheritance and eligibility for their father’s Social Security benefits.
