Legal Question in Family Law in Missouri

I received a letter from my sons fathers attorney stating he wanted a peternity test done & if positive he wants to be involved in sons life. The letter stated I only have 5 days to respond or they will take me to court. My sons father has not contacted me since son was born nor has he seen him. Also he is always taking trips to Mexico & I don't want my son out of state. Should I voluntarily consent to testing or just wait for court order? The letter also stated if I don't volunteer it could be costly for me.


Asked on 4/04/13, 11:05 am

2 Answers from Attorneys

Anthony Smith LawSmith

You were not able to provide enough information here to advise you whether to oppose the test. If you have no doubt about paternity, there may be little reason to oppose a legitimate test. A court might order you to pay for part of the test, or the father's attorney fees for getting an Order for the test. But, there could be facts about past interactions, problems with the testing method proposed, or reasons why there hasn't already been contact with the child, that would support opposing the particular test requested. Either way, I do not suggest that you ignore the letter. Even if it just to say that you need a little more time to consult with legal counsel, you should get a response to that lawyer.

If paternity is established, the father will have certain rights and obligations. If you have concerns about the father running away with the child, you can raise those in the Visitation/Custody hearing that will occur if you prevent or limit your child's time with his father. I recommend that you refuse to sign anything that the father or his lawyer sends to you, without having your attorney look at it first.

If you are concerned that the father will take the child out of the country, it might be in your benefit to have a formal Custody, Visitation and Support Order from a court. If you have legal custody, it might prevent the father from obtaining a passport for the child. That can make it hard to take a child out of the US. Some parts of Mexico are very helpful in returning US children that have been wrongly taken there. Without a Custody Order from a Court, few Mexican officials will even assist at all. Absent and Order, either parent can travel with their child.

If you have not already done so, you need to consult directly with a family law attorney in your area. Many offer a free or low cost initial consultation. You were wise to seek general information here. Be smart and get advice specific to the facts of your matter.

Good luck

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Answered on 4/05/13, 4:58 pm
Michael R. Nack Michael R. Nack, Attorney at Law

The above answer is excellent!

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Answered on 4/07/13, 9:52 am


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