How Long Does a Father Have To Establish Paternity in MISSOURI

Paternity can be legally established in Missouri until the child reaches 21 years of age. When paternity is established before the child turns 18, child support and visitation rights may apply.

Who Can Start the Process?

The mother, potential father, or a legal representative of the child may initiate the paternity establishment process. The main methods include:

• Signing a voluntary Affidavit of Acknowledging Paternity form.
• Genetic testing.
• Filing court proceedings.

How to Establish Paternity in Missouri

For Married Couples

• Paternity is automatically established when the parents are married at the time of the child’s birth.
• No further action is necessary.

For Unmarried Parents

Unmarried parents can establish paternity through one of two methods:

1. Voluntary Affidavit of Acknowledging Paternity
   • Both parents can sign the Father’s Affidavit of Acknowledging Paternity form, usually at the hospital after birth or later at the local registrar or paternity registry office.
   • The Affidavit of Acknowledging Paternity is legally binding once signed and filed with the Mississippi State Department of Health, Office of Vital Records.
   • Signing this form establishes legal paternity without court involvement.
2. Court Petition
   • If the parents disagree about paternity, either parent can file a petition with Family Court.
   • After the court accepts the petition and schedules a hearing, a judge may order genetic testing to determine paternity.

Time Limits and Legal Effects

• The alleged father has until the child’s 21st birthday to establish paternity.
• If paternity is established before the child turns 18:
  • The father is required to pay child support.
  • The father may receive visitation rights.
• After age 18, child support and visitation rights typically no longer apply.

Presumption of Paternity in Missouri

A man is presumed to be the legal father if:

• He is married to the mother when the child is born.
• The child is born within 300 days after the marriage ends.

This presumption applies even if the husband is not the biological father.

What You Need to Know Before Signing an Affidavit of Acknowledging Paternity

Before signing the Father’s Affidavit of Acknowledging Paternity form (at a hospital or child support office), both parents must:

• Receive written and oral information about:
  • Available alternatives.
  • Legal rights and responsibilities.
  • Consequences of signing the document.
• Have the opportunity to review all information privately, without the other parent present.
• If under 18 years old, have time to consult with an adult before signing.

Important: After signing, the Affidavit Acknowledging Paternity is legally binding and no further court action is required to establish paternity.

Can Paternity Establishment Be Rescinded in Missouri?

Yes, but only under specific conditions:

• The action must be filed within 60 days of signing the Affidavit of Acknowledgment of Paternity.
• Both mother and presumed father must sign a Recission of Affidavit Acknowledging Paternity with the Missouri Department of Health and Senior Services Bureau of Vital Records, for it to take effect.

Note: Once the mother has signed an Affidavit of Acknowledging Paternity she cannot rescind paternity unilaterally.

Establishing Joint Legal Custody for Unmarried Parents

Custody Types

• Physical Custody: Determines where the child lives.
• Legal Custody: Determines decision-making authority over education, healthcare, religion, and access to records.

Default Custody Status

• The mother automatically has physical custody unless a court orders otherwise.
• The mother has sole legal custody by default.

Requirements for Joint Legal Custody

Unmarried parents must:

1. Complete an Affidavit Acknowledging Paternity form.
2. Obtain genetic test results from an accredited laboratory confirming biological paternity.

Important:

• If genetic testing proves that the man who signed the acknowledgment is not the biological father, he remains the legal father unless joint custody is voided by court order.
• The mother retains sole legal custody in such cases.

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Benefits of Establishing Paternity in Missouri

For the Child

• Financial support from both parents.
• Access to father’s health insurance.
• Inheritance rights through the father.
• Access to father’s family medical history.
• Eligibility for Social Security benefits.

For Parental Rights

• Both parents participate in child-naming decisions.
• Father gains legal recognition.
• Establishes a foundation for custody arrangements and visitation rights.

For Legal Implications

• Enables enforcement of child support.
• Creates legal basis for parental responsibilities.
• Protects father’s right to involvement in the child’s life.
• Provides documentation needed for government benefits.

Note: Married fathers do not need to establish paternity because they are presumed legal fathers if married when the child is conceived or born.

How to Get a Court-Ordered Paternity Test in Missouri

Paternity can be established through:

1. Court Process: Filing a petition requesting a court-ordered DNA test.
2. Mutual Agreement: Both parents agree to testing without court involvement.

Requirements:

• Only tests performed by our partner AABB-accredited laboratory will be recognized for legal use in court.
• Test results establish biological relationships accepted by Family Court in Missouri.

Why Choose Secure DNA Tests Missouri?

Secure DNA Tests Missouri offers:

• Personalized service tailored to your needs.
• DNA samples are tested and analyzed by our partner AABB accredited DNA lab.
• Trusted by family law attorneys, courts, and medical professionals.

For reliable and accurate DNA testing services, call Secure DNA Tests Missouri at 888-970-4211 to get started today.

Do I Need a Lawyer for a Court-Ordered Paternity Test?

No. Either parent can file a paternity petition with Family Court without a lawyer. The judge may order DNA testing to confirm paternity.

Does Signing a Birth Certificate Establish Paternity?

No. Unmarried parents in Mississippi establish legal paternity by signing a Voluntary Affidavit of Acknowledging Paternity form. The form gets filed with the Missouri Department of Health and Senior Services Bureau of Vital Records.

The signed Affidavit of Acknowledging Paternity establishes paternity. This allows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers.

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