How To Establish Paternity In Missouri

Who is the father of your child? Believe it or not, from a legal perspective, the answer to this question may not be as obvious as it seems.

There have always been children born out of wedlock, but with today's couples waiting longer and longer to get married (or foregoing an official marriage altogether), the number of children born to unmarried parents is on the rise. While identifying the biological mother of the child is easy (for obvious reasons), identifying paternity is not always as cut-and-dried. Our family attorneys at the Lake of the Ozarks are here to explore this particular issue.


When Paternity Is Uncontested

In an ideal setting, there would be no question about whom the father of the child is. When both parents are in agreement regarding whom the father is, establishing paternity is generally more simplified. If the couple is married, the husband is the presumed father of the child, according to Missouri law. If the couple is unmarried, the parents may be able to sign an affidavit to legally establish paternity.

When The Husband Is Not The Father

Even if the husband is not the father of the child, he is legally the presumed father, unless otherwise designated. The mother and the husband can both sign affidavits and have a court declare the party that is the natural father. This may be advantageous to the husband, because otherwise he may be held legally responsible for providing physical and/or financial support to the child.


When Paternity Is Contested Or Unknown

Establishing paternity is important because it allows the mother to seek support from the father and for the father to request custody, ensuring that children born outside of wedlock enjoy access to the same benefits as those born to married parents. When the identity of a child's father is uncertain, a paternity test may be performed to prove whom the biological father is. 

A paternity test is performed by taking DNA samples (typically by swiping the inside of the cheeks of the mother, the baby, and the presumed father) and comparing them. If these results are found and upon proper filings with the court, the court can make a legal finding of paternity.

Questions About Paternity Law? Contact Us

If you are dealing with a paternity issue, our family attorneys in Camdenton MO will be here to assist you in any way we can. We have a great deal of experience handling paternity cases and would be happy to help you navigate your specific situation. Click here for more information about our family law services at the Lake of the Ozarks.


Law Offices of Phillips, McElyea, Carpenter, & Welch, P.C.
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