Legal Question in Family Law in Missouri

My grandson is the presumed father of a child born Feb 10, 2013. The mother gave him up for adoption and my grandson found out about it after the fact. My grandson was not notified by an attorney, adoption agency or newspaper that the child was to be adopted and did not terminate his rights as a father. We have been trying for almost 6 months to get a paternity test done to see if the child is really his. He has put his name on the Putative Father Registry in Missouri, tried to find information through the Courts in Cole County, Missouri to see if the Adoption is indeed final, gone to Child Inforcement to get a Paternity test, they talked to the Mother and she said the Adoption was final and they closed the file. I have checked the Missouri laws on Adoption and it takes 6 months for it to be final.

My grandson is not working and doesn't have the money to hire an Attorney. He has self-filed a Petition for Paternity through the Cole County Missouri Courts, but has been told it may be thrown out and nothing done about it. He wants to know if the child is his, talk to the Adoptive parents, freely give up his rights, if he feels the Adoptive parents can provide for the child, have the same privileges as the mother in the Adoption. The mother gets to visit the child, has pictures and is a part of the child's life. Legal Aid would have accepted the case, but they wanted to know if the Adoption case was open and we could not find out the info. The mother doesn't want the boat rocked and told my grandson to back off. He believes the child is his, but beginning to believe there wasn't a legal adoption. He was told by the mother, her attorney would be contacting him about the Adoption, but didn't receive anything. She knew

address and telephone number to get in touch with him.

He doesn't know where to turn at this point. Any help would be appreciated.

Thank You

Asked on 8/05/13, 6:02 am

1 Answer from Attorneys

Anthony Smith LawSmith

Time is very important in these matters. Your Grandson needs to consult directly with an attorney in his area. You may have to help him with legal fees. The longer he waits, the harder it may be for him to assert his parental rights.

Good luck

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Answered on 8/07/13, 9:35 am

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