Establishing paternity — or legally determining a child’s father — is one of the most important steps a parent can take to secure both legal rights and responsibilities. Whether you’re a father seeking custody or visitation, or a mother pursuing child support, understanding how paternity works under Missouri law can help you make informed decisions for your child’s future.
Why Establishing Paternity Matters
When a child is born to unmarried parents in Missouri, the law does not automatically recognize the father as a legal parent. Until paternity is established, the father has no legal right to custody or visitation, and the mother cannot enforce child support through the courts.
Establishing paternity ensures that:
- The child has a legal father listed on the birth certificate.
- The father gains rights to custody and visitation.
- The mother can seek child support.
- The child becomes eligible for health insurance, inheritance, Social Security, and veterans’ benefits from both parents.
For families in St. Louis County, this step can be especially important in ensuring both parents remain actively involved in a child’s life.
How to Establish Paternity in Missouri
Missouri law provides several ways to establish paternity, depending on each family’s situation.
1. Voluntary Acknowledgment of Paternity (VAP)
If both parents agree on who the biological father is, they can sign a Voluntary Acknowledgment of Paternity (VAP) form. This can be completed:
- At the hospital when the baby is born
- Through the Bureau of Vital Records
- At your local Family Support Division office, including locations in St. Louis County
Once both parents sign and file the VAP, the father’s name is added to the birth certificate, and he becomes the legal father. This process is simple, free, and avoids the need for court involvement.
2. Administrative Order Through the Family Support Division
If either parent disputes paternity, the Missouri Family Support Division (FSD) can help establish it through genetic testing.
- The FSD arranges DNA testing (usually a cheek swab).
- If results confirm paternity, the FSD issues an Administrative Order of Paternity.
- The order is then filed with the Bureau of Vital Records, making the relationship legally binding.
This route can often be completed without going to court and is commonly used in St. Louis County and surrounding areas.
3. Court Order
If paternity cannot be resolved voluntarily or administratively, either parent (or the state) can file a paternity action in court.
A judge can:
- Order genetic testing
- Declare legal paternity
- Address custody, visitation, and child support within the same proceeding
This option is often necessary when parents disagree on parentage or when one parent seeks legal recognition to enforce or protect parental rights.
Fathers’ Rights After Paternity Is Established
Once paternity is legally recognized, a father has the same rights as the mother under Missouri law — including the ability to:
- Request joint or sole custody
- Pursue a visitation schedule
- Participate in major decisions about the child’s upbringing, such as education, healthcare, and religion
However, paternity does not automatically grant custody. Fathers in St. Louis County may need to petition the court to define custody and visitation arrangements formally.
Responsibilities That Come With Paternity
Along with rights come important obligations. Once paternity is established, the father is responsible for:
- Providing financial support for the child (through formal child support or direct care)
- Offering medical coverage if available through employment
- Participating in shared decision-making about the child’s welfare
Failure to fulfill these responsibilities can result in enforcement actions, wage garnishment, or legal penalties.
Can Paternity Be Disputed or Challenged?
Yes. Either parent can challenge paternity if new information or genetic evidence becomes available. However, Missouri law sets strict time limits and procedural requirements for doing so. If you believe paternity was wrongly established or need to contest it, it’s important to speak with a St. Louis County family law attorney as soon as possible.
Why Legal Guidance Matters
While establishing paternity may seem straightforward, disputes and paperwork errors can complicate the process. An experienced family law attorney in St. Louis County can help you:
- Navigate the Missouri Family Support Division or court system
- Protect your parental rights and responsibilities
- Ensure fair outcomes regarding custody, visitation, and support
Talk to a St. Louis County Family Law Attorney
If you’re seeking to establish or challenge paternity in St. Louis County or anywhere in Missouri, the attorneys at Rogers Sevastianos & Bante LLP can guide you through every step. Our team has extensive experience handling complex family law matters and works to protect your rights and your child’s best interests.
Contact us today to schedule a consultation with a family law attorney in St. Louis County.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.