Proving paternity in Missouri in itself can be very easy. According to Missouri law, signing an affidavit of paternity when the baby is born is a legal determination of paternity. This must be done before a man can be named on the birth certificate as the father if the couple is not married. However, all this affidavit does is establish legally who the father of the child is. It does not provide for custody, visitation or child support.
In order to legally set up custody, visitation or child support for the child of an unmarried couple, a court order must be entered. This can be done as a result of mediation or a paternity filing. Mediation is the easiest way to do this. MARCH mediation is a statewide free program that allows people who are able to come to an agreement to meet with a professional mediator. Once their agreement regarding custody, support and visitation is complete, the agreement may be written up by an attorney and signed by the parties. There is also no charge for the attorney drawing up the paperwork. The proposed paternity order is presented to the Court and signed by the judge, if the judge feels this is appropriate. The only costs incurred would be any filing fees that are required by the jurisdiction. This filing fee is generally less than $200. If the parents are able to get along, MARCH is usually the cheapest way to have a court order establish paternity, custody and visitation.
Alternately, if the parents do not get along or if one of them disputes who the father of the child is, a paternity suit may be filed in circuit court. This is an adversarial proceeding, and both sides are generally represented by attorneys. Both parents file pleadings and a proposed parenting plan, which sets out a schedule for visitation and custody. The attorneys usually attempt to negotiate a settlement, but if they are unable to do so, there is a trial and the judge decides all of the issues.
If paternity is disputed, meaning one party does not believe the man in question is the father of the child, paternity testing is usually ordered by the court. This testing may be paid by one or both of the parties to the paternity suit. However, free genetic testing may be available through the Missouri Family Support Division. In order to set up the test, the parent or possible father is required to open a case with Family Support Division and cooperate with the testing. However, if a parent fails to cooperate with the testing, they may be required to reimburse the the state for the cost of the tests. This free testing is only available if the parents were not married at the time of birth and an affidavit or court order has not already established paternity.
Establishing paternity in Missouri can be a relatively painless process as long as both parents are willing to cooperate and keep the best interests of their child in mind. If parents fail to do so, the procedure can be both lengthy and expensive. The best way to avoid this is to talk about all custody, visitation and support issues at a time when the parties are getting along and before emotions are running high when a couple breaks up.
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