Results 1 to 4 of 4
  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Default Married and Pregnant with Another Man's Baby

    My question involves paternity law for the State of: Missouri

    My husband and I were seperated when I became pregnant by another man, we are now together and working things out. I know that my husband will automatically be listed on the birth certificate and he is ok with that. My question is if the bio dad decides to have a paternity test can I refuse that? Or will the court order me to bring my son in for the test.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,823

    Default Re: Married and Pregnant with Another Man's Baby

    Pursuant to your state's laws,
    Quote Quoting Missouri Revised States, Sec., 210.822 - Determination of father and child relationship, who may bring action, when action may be brought.
    1. A child, his natural mother, a man presumed to be his father under subsection 1 of section 210.822, a man alleging himself to be a father, any person having physical or legal custody of a child for a period of more than sixty days or the division of child support enforcement may bring an action at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under subsection 1 of section 210.822.

    2. An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 210.822 may be brought by the child, the mother or the person who has legal custody of the child, any person having physical or legal custody of a child for a period of more than sixty days, the division of child support enforcement, the personal representative or a parent of the mother if the mother has died, a man alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

    3. Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with subsection 2 of section 210.838, between an alleged or presumed father and the mother or child, does not bar an action under this section.

    4. If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.
    Thus, the biological father is entitled to bring an action to try to establish his paternity. That doesn't necessarily mean that a court will find it to be in the child's best interest to allow the action to proceed; a local family lawyer can guide you through the details based upon the full facts of your situation.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: Married and Pregnant with Another Man's Baby

    Thank you for answering. I have just one more question. The bio dad is now saying that my husband will be served with some sort of paper that they want him to sign, I am assuming the paper will state that he is not the father. What will happen when my husband chooses not to sign that paper? I am thinking he is just trying to get around the paternity test by having him sign this paper but I don't know??

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,823

    Default Re: Married and Pregnant with Another Man's Baby

    I can guess that you're talking about a document that disclaims paternity, and thus allows the biological father to assert his paternity despite the prsumption that your husband is the father and without having to worry about a court finding that his petition is contrary to the child's best interest. If he doesn't sign, then litigation may follow as previously described. If and when you get the document, consider having a lawyer review and interpret it for you.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 2
    Last Post: 12-18-2010, 06:24 AM
  2. Married, But Pregnant With Another's Baby in Ohio
    By Cumquat84 in forum Paternity Law
    Replies: 3
    Last Post: 05-13-2007, 06:40 PM
  3. Replies: 1
    Last Post: 01-25-2007, 12:51 PM
  4. Separated wife pregnant with another man's baby
    By nicholeann in forum Paternity Law
    Replies: 1
    Last Post: 10-17-2006, 08:54 PM
  5. Emancipation: Pregnant at 17, can parents do anything to me or my baby?
    By Anita in forum Juvenile Law
    Replies: 3
    Last Post: 03-22-2006, 03:18 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Paternity Forms
Forms and documents to establish paternity in all 50 states.




Untitled Document