Father’s rights are much easier to establish when the parents of that child are married. In the State of Missouri, unmarried fathers have no legal rights whatsoever, unless or until paternity is established. Without paternity proof, there can be no claim to any paternal rights. Unmarried Missouri fathers have incredible obstacles to overcome in order to have any rights to their child. However, once paternity is established, they can work with the courts system to exercise their parental rights.
Establishing Paternity
There are two ways an unmarried father can establish paternity of a child in the State of Missouri. The easiest way for paternity to be established is signing an affidavit recognizing paternity at the hospital when that child is born. Otherwise, hereditary testing (DNA) must be conducted to establish the child’s paternity.
Custody and Visitation
Custody works out well if unmarried parents can agree, and work together to provide a healthy, happy life for the child. Otherwise, custody is decided through the Missouri Juvenile and Family Court Division. The father has the right to challenge custody. However, in most cases the mother will gain full custody of the child. Unfortunately, the unmarried father typically loses unless he can prove that the mother of the child is unfit. Depending on the specifics of the case, the father may be awarded joint custody or sole custody of the child.
Visitation works in the same way that custody does. Without establishing paternity, visitation rights can be denied very easily. Under these circumstances, visitation can only be established if the mother of the child is willing to agree to let the unmarried father visit that child. However, if paternity is established, Missouri fathers have the right to visit with their children according to the orders of the Missouri Juvenile and Family Court Division. In many cases, Missouri fathers must go through a court battle to gain visitation rights if the mother initially objects.
Court Considerations
When going through the courts to establish who gets custody of the child in the State of Missouri, the courts look at many things. These considerations include the child’s preference, relationship with parents, whether the parent is capable of taking care of the child, parental physical and mental health, mental and physical well-being of the child, whether relocation is involved, and the child’s level of adjustment to the custody and visitation circumstances.
In addition, orders of child support payment are also established by Missouri courts, and enforced by the Missouri Department of Social Services Child Support Enforcement division. Missouri fathers have parental rights, however they don’t come without specific responsibilities related to paternity. Consequently, it is best to establish paternity to reduce obstacles in exercising paternal rights in the State of Missouri.
Sources:
Missouri Department of Social Services: Does Your Child Have a Legal Father? (accessed 12/7/2010)
State of Missouri Department of Health and Senior Services: Acknowledgment of Paternity in Missouri (accessed 12/7/2010)
Cheri Pearson - Cheri Pearson is a seasoned freelance journalist who holds a Bachelor's degree in Business Administration from the University of ...
