A paternity case is established when a Petition for Paternity is filed by an unmarried person who needs their rights and obligations established by the Court.
Paternity cases are often confused for a process meant to determine the child’s father. This is rarely the case, but the Court can order DNA testing. However, most paternity cases are pursued by parents who know they are the biological parent of the minor child and want to set up rights and obligations.
Rights may include the details of the custody and your parenting plan for your child. Missouri courts will consider several factors, but will ultimately act in the best interest of the child. Obligations may include defining a child support amount that accounts for all relevant factors in Missouri child custody law.
A knowledgeable child custody attorney can save or cost the paying parent hundreds of dollars per month, so it’s best to select an attorney with a specialization in family law proceedings.
The Two Main Aspects to a Paternity Case: child support and child custody.
Paternity cases are often confused for a process meant solely to determine the child’s father. While the Court can order DNA testing when parentage is disputed, most paternity cases are pursued by parents who know they are the biological parent and want to establish legal rights and obligations under Missouri law.
Under Missouri’s Uniform Parentage Act (RSMo §§ 210.817-210.852), establishing legal paternity is the essential first step before courts can issue orders regarding custody, visitation, or child support for children born to unmarried parents. Without this formal determination, fathers lack legal standing to participate in custody decisions, while mothers may struggle to secure appropriate support.
Missouri law specifies that several parties may initiate a paternity action:
Cases are typically filed in the circuit court where the child or a parent resides, which for St. Louis residents means the St. Louis County Family Court or St. Charles County Circuit Court.
Child support cases can be as simple as filing Form 14 or as complicated as a major hearing. It is not uncommon for people to avoid paying the proper amount of child support or mismanage support to fund their desired lifestyle.
Unfortunately, some parents attempt to avoid proper support obligations or mismanage income reporting. Our experienced St. Louis paternity attorneys conduct thorough discovery, including:
Missouri law allows retroactive support claims for up to five years preceding the action, making prompt legal action crucial. Our attorneys stay current with constantly evolving child support laws to ensure you receive or pay a fair and equitable amount.
Haefner Law Office offers of St. Louis’ key experts in family and divorce law that will work to ensure your case concludes fairly and amicably. From imputing income to completing discovery on former employers, we know what it takes for you to have the best possible chance at getting or paying what you deserve.
Child support law is constantly shifting to meet the times and demands of a new landscape. Experienced family law attorneys offer more opportunities to receive a fair and equitable result by understanding the law, courts, and litigation that shapes these situations.
The experts at Haefner Law Office, LLC know what you need to do to protect your children. Family Law is where we have focused the clear majority of our attention since day one.
Child custody in Missouri requires careful navigation of statutory factors, with courts always acting in the best interest of the child. Our attorneys prepare comprehensive parenting plans that address:
Critical Missouri Requirement: The child must be made a party to the paternity action through appointment of a guardian ad litem or next friend before judgment can be entered. Our firm ensures proper procedure to protect your judgment from appellate reversal.
Child custody in Missouri is always a tough battle for parents. We will use our skills to represent you to the best of our abilities, which are second to none. If you have a contested Paternity situation, you need to be represented. Your child is too important not to have an expert by your side.
Child custody in Missouri requires careful navigation of statutory factors, with courts always acting in the best interest of the child. Our attorneys prepare comprehensive parenting plans that address:
Critical Missouri Requirement: The child must be made a party to the paternity action through appointment of a guardian ad litem or next friend before judgment can be entered. Our firm ensures proper procedure to protect your judgment from appellate reversal.
Your attorney files a Petition for Declaration of Paternity in the appropriate Missouri circuit court. The petition must include specific allegations and comply with local court rules.
When paternity is contested, Missouri courts order DNA testing. Under RSMo § 210.822, a man is legally established as the father if testing shows 98% or higher probability of paternity.
Once paternity is established (either by agreement or test results), both parents participate in proceedings addressing:
The court issues a judgment legally establishing paternity and outlining all rights and responsibilities. This judgment can be modified later if substantial changes occur.
Haefner Law Office is a boutique St. Louis firm concentrating exclusively in family law matters. This focused approach means our attorneys have deep, practical experience with:
Haefner Law Office has since developed a Flat Rate process that offers expert legal services at a flexible and affordable price. Clients benefit from selecting and paying for only the legal services they use when pursuing their case.
Haefner Law Office will always recommend an uncontested paternity option for amenable parties, but it may not be the best option for everyone.
We take pride in our ability to offer extraordinary value with our Uncontested Paternity cases but shine best in adversarial situations in and outside of court. Whether mediation or litigation, our family law attorneys will pursue the best course of action for you and your family.
Our flat rate paternity options include:
Too often, clients are pressured to accept parenting plans they cannot follow, resulting in Motions to Modify or Contempt proceedings within a few years. Our attorneys prioritize durable, workable solutions that minimize future court involvement.
We prepare every case for trial, even while pursuing settlement. This dual approach ensures you’re never pressured into an unfavorable agreement and have the strongest possible position if litigation becomes necessary.
Our flat rate paternity options include:
Too often, clients are pressured to accept parenting plans they cannot follow, resulting in Motions to Modify or Contempt proceedings within a few years. Our attorneys prioritize durable, workable solutions that minimize future court involvement.
We prepare every case for trial, even while pursuing settlement. This dual approach ensures you’re never pressured into an unfavorable agreement and have the strongest possible position if litigation becomes necessary.
Understanding Missouri’s paternity deadlines is critical:
Once paternity is legally established in Missouri, fathers gain:
Mothers gain the ability to:
Missouri parents can voluntarily establish paternity by signing an Affidavit Acknowledging Paternity at the hospital or later through the Missouri Department of Health and Senior Services Bureau of Vital Records. This is the simplest method when both parents agree.
Court proceedings become essential when:
Our attorneys guide you through the appropriate path based on your specific circumstances.
Q: Does establishing paternity automatically give me custody rights?
A: No. Paternity establishment creates the legal relationship, but custody and visitation must be specifically addressed in the court’s judgment. Missouri courts require a detailed parenting plan that serves the child’s best interests.
Q: Can I get a paternity test if the mother refuses?
A: Yes. The court can order genetic testing when paternity is disputed. Missouri law requires testing when requested by either party, with results showing 98% or higher probability establishing legal paternity.
Q: What if I signed the birth certificate but I’m not the father?
A: You may challenge paternity, but strict deadlines apply. If you signed a voluntary acknowledgment, you have only 60 days to challenge it unless you can prove fraud, duress, or material mistake.
Q: How long does a paternity case take in St. Louis?
A: Uncontested cases can be resolved in 30-60 days. Contested cases requiring testing and hearings may take 3-6 months depending on court schedules and complexity.
Q: Can child support be ordered retroactively?
A: Missouri allows support orders back to the date of filing, and reimbursement claims for necessary support up to five years before the action.
Haefner Law Office, LLC is a boutique St. Louis family law firm concentrating exclusively in family law matters. Our attorneys have successfully guided hundreds of clients through Missouri paternity proceedings.
Contact Haefner Law Office at (314) 200-6101 for a consultation regarding your paternity issues. We’ll evaluate your situation, explain your rights under Missouri law, and help determine the best path forward for you and your family.
Thank you for considering Haefner Law Office to help you through this important legal matter. We hope to hear from you soon.
