Missouri lets dads contest paternity

A new statute allows dads to contest paternity in divorce and paternity cases.

Here's the way it works:

If you question the paternity of a child and get a paternity test that shows that the child is not your child, you will be allowed to ask the court to set aside the order that legally says you are the child's father. The challenge to the paternity order must be done within 2 years (2 years from late December if there's already an order).

If the dad is found really to not be dad, under the new statute, he won't be able to collect child support that has already been paid - no refunds. If there is an arrearage in child support, it appears that the arrearage will go away.

Here in Jackson County there are special dockets set up to handle these cases. At this point, as you might guess, no one really knows how many people will be effected.

One of the reasons no one really knows is that there is a question as to whether the statute applies just to people who have paternity judgments - or (and this is really the bigger concern) whether it also applies to folks who are divorce and have children.

It is likely that there will be a challenge filed sometime in the next several months - especially since so many families have to deal with the courts with regard to their children. Parents who have children outside of marriage already are in the position of needing to get DNA testing to verify the parentage of their children. It would be sad, indeed, if the courts extended the need for DNA testing to include everyone with children who is getting a dissolution of their marriage.

Missouri set to allow dads to challenge final paternity judgment

There's a law working it's way through the Missouri legislature that will permit dads to challenge final paternity judgments under certain circumstances.

What has been happening is that men would be named as the biological father of a child who is not really their biological child in an administrative action. The man then either throws the paperwork from the child support agency away because he's sure he's not the dad (you laugh, but it does happen) or blows off the hearing. Since the man doesn't seem to object, the child support agency makes a finding of paternity against him and enters a child support order.

As it usually happens, time goes by. The man (who is now declared to be dad) forgets all about the paperwork he got from the child support folks. Then, eventually there comes a knock at his door. The next thing that comes about is a warrant for his arrest for nonsupport or his paycheck is garnished. Neither of these results is exactly good news for him. After all, remember, he's not really the biological dad of a child - at least not as far as he knows.

So - a bad result has happened.

The first thing that springs to the guy's mind is: Wait a minute - I'm not this child's father. So off he goes to hire an attorney to fix it.

Under the current law, the child support part of the problem doesn't go away. You have already had a chance to show you're not dad. You blew it off. So you can't complain now.

That's going to change in a significant way if this new bill is signed by the governor. If the bill passes, guys who have already been determined to be the father of a child will have a two year period to bring the issue back in front of the court, get paternity testing and get your child support arrearages (if any) taken off.

If the bill is signed into law, guys who are just now entering in the child support system, will have two years from the date on which the child support order is entered against them.

There are some other legal hoops that you will need to deal with if you want to bring child support up again. The only effective way to address it is to get help from your attorney. He or she will be able to guide you through the requirements.

Paternity action can define a parenting relationship

Parents who have a child when they are not married to each other can use a paternity action to legally define each parent's rights and responsibilities with regard to their child.

A paternity action will establish both child support and parenting time. Parenting time is the time each parent gets to spend with their child. These are both important considerations if you are breaking up with the other parent of your child.

Missouri encourages parents to share joint legal and joint physical custody of their children. Joint physical custody does not mean that the parents share equal amounts of time. It does mean that both parents have ongoing, significant time with the child.

Joint legal custody means that legally mom is still mom and dad is still dad. Both parents share decisions about their child's schooling, medical care, religious upbringing and activities.

If you are a dad who has been served with child support papers from the state, it is important for you to understand that the state will only establish child support. There will be no order defining your parenting time with your child. You need to bring a paternity action to set up your parenting time with your child.