Legal Question in Family Law in Missouri

How can we get my son's name off of the birth certificate of his wifes child? He tried to make the marriage work but after the child was born and he signed the birth certificate they split up. Now he is going to lose his drivers license because he has no job and is required to pay child support. She has also had another baby since they split and we want to know if the state of Missouri will name him as the father for welfare even if he is not with her.


Asked on 12/30/13, 2:30 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Your son needs to file a Petition for Dissolution and another to determine paternity of the children you mentioned. DNA tests will determine whether he is the father or not. But, the law presumes him to be the father of children born during the marriage, even if the parties are separated. Legal action will cost several thousand dollars, but he will save many times what it costs by not paying child support for children he did not father. I have handled many similar cases over the last 35 years. You or your son may contact me directly for a free telephone consultation. Hopefully he will find a way to hire legal counsel as soon as possible.

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Answered on 12/30/13, 4:48 pm


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