In Missouri, if the couple is married at the time of the baby's birth, the male is presumed to be the father. When the baby is born, unmarried parents can sign a "Affidavit Acknowledging Paternity" at the hospital to declare the child's father. The father's name is then added to the child's birth certificate. If the parents divorce, the mother must file for a paternity affidavit so that the father will be listed on the birth certificate.
The mother can also sign an "Acknowledgment of Paternity" without naming a father. This form is filed with the local county recorder's office and is equivalent to a paternity affidavit. Again, the father's name would be added to the birth certificate.
Missouri law provides that a husband and wife are considered one person in matters of marriage and inheritance. As such, they can only have one spouse at a time. Divorce does not change this fact; instead, it creates two separate persons out of one former unit. For example, if the husband wants to remove his name from the birth certificate of their child with another woman, he would need to submit a Petition for Declaration of Non-Parenthood to the court. The wife would also need to sign the petition to state that she was aware of the husband's intention to leave her alone with the child.
If the husband doesn't want to be part of the child's life, he can file for legal separation instead.
If a child is born to unmarried parents in Missouri, the mother is immediately granted sole custody and complete parental rights. Unless the mother signs an affidavit stating that her boyfriend is the father. If the mother refuses, the man must prove paternity through a DNA test or a court petition. If he fails to do so, the woman can refuse to identify him as the father of the child on the birth certificate.
The father can also seek custody by filing a lawsuit within one year of the child's being born. He must show that he has taken a substantial part in raising the child and that his relationship with the child is important to him. If he meets these requirements, he will be given primary custody of the child. The court will consider what role the father has played in raising the child; how much time the child has spent with each parent, including any visits with the father; and whether there is any evidence of abuse against either parent.
In some cases, it may be possible for the mother to give up her right to custody if she agrees to provide financial support for the child. This is called "in loco parentis" which means "in the place of a parent". For this to happen, the mother would have to voluntarily sign over her rights to care for the child and allow the father to take over this responsibility.
In Missouri, an unmarried father must demonstrate paternity before filing for custody or visiting rights. A notarized statement of paternity is sufficient evidence to establish paternity. An unmarried mother's partner may also be considered as a placement option if the mother is unable to care for her child.
An unmarried father can file for custody once he has established paternity. If you are the father and want to seek custody, you will need to do so through the juvenile court. The judge will hold a hearing to determine whether you are able to provide a stable home for your child. If you are found to be a fit parent, then the court may grant you custody of your child.
If you were never married to the mother but have established paternity, you can still be named as a guardian on her birth certificate if she cannot take care of herself or has no parents or guardians available to help her. The court may also allow you to act as a custodian if you are able to provide a stable environment for the child and if it is in the child's best interest that you receive custody.
Missouri law allows for both unmarried parents to share legal custody or sole custody of their children.
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