Legal Question in Family Law in Missouri
I have a son with a woman I am no longer with and was never married to. He lives with me right now because she was not taking care of him properly. She chose to let me take him. I think she may soon want him back. I need to know if she can take him from me. There are no legal papers of any kind stating who has custody of him. Can the police make me give him back to her if I refuse and she calls them?
2 Answers from Attorneys
Without a paternity finding, the mother may decide where the chidl resides, if she was unmarried at the time of the birth. The police may force you to giive the child to her. If you want to prevent that, then you may need to seek a custody order.
Good luck
Yes, the mother of yoru child can demand the return of the child at any time and obtain the assistance of law enforcement if needed. You need to file a suit to determine paternity, in which the court will enter a Judgment making yopu the legal father of the child and approving the terms of a parenting plan providing for legal and physical custody as well as child support. If you do not already have an attorney, I might be able to assist you. You may call me for a freee telephone consultation.
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