When a child is born to parents who are not married, paternity actions may be used for establishing who is the father of the child. Usually a person seeks to establish paternity for one of two reasons, which are either issues revolving around child support or issues revolving around child custody.
Many times mothers are seeking to establish a child support order and possibly a custody order, while fathers are many times either seeking custody or visitation rights, or alternately seeking to avoid child support if they do not believe that they are actually the child’s father.
Consenting To Paternity
A sworn acknowledgment of paternity, on a form provided by the State of Missouri, notarized and signed by both parents of a child born out of wedlock may be considered a legal finding of paternity, subject to either parent’s right to timely rescind the acknowledgment as provided in Missouri Statutes. Due to the legal implications resulting from signing an affidavit acknowledging paternity, it is important that in advance of signing the affidavit that you discuss the matter with a knowledgeable attorney.
If, however, a person does not believe that he is the biological father of the child, his option is to timely contest the matter in court. Paternity fraud is a very real issue. Therefore, it is critical in any court proceeding that if you feel that you may not be a child’s biological father that you request the court to enter an order for DNA testing before moving forward with any agreements.
Missouri Paternity Attorney
The process of establishing paternity is a complicated area of law that has serious long-term effects upon every party involved. If you are involved in a paternity suit, it is in your best interests to contact an experienced family law attorney as soon as possible to make sure that your rights are protected. Contact the Galmiche Law Firm today to schedule a free initial consultation and case evaluation to discuss your situation. We can be reached at (636) 532-2300 or click here.