Paternity Law and Procedure Handbook - Missouri 2025

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Paternity is a prerequisite to these parental rights. Once paternity is established, a father may pursue child custody and visitation rights. Many states offer simultaneous filing for paternity recognition and visitation and custody rights.
An action to determine the existence of the father and child relationship as to a child who has no presumed father under section 210.822 may not be brought later than eighteen years after the birth of the child, except that an action to determine the existence of the father and child relationship as to a child who has
When parents are not married, the mother typically has sole custody of the child at birth. However, the father can gain legal rights through the courts. Missouri law on custody of a child with unmarried parents requires both parents to establish their rights and responsibilities.
However, circumstances can change, and a once amicable child custody arrangement can turn sour and messy. This is an issue because, in Missouri, one parent cannot legally keep a child from seeing the other parent without a court order.
You and the childs father must each sign an Affidavit Acknowledging Paternity, and your husband must sign a Denial of Paternity. If this happens, your husband will NOT be the legal father of the child. Instead, the fathers name will be on the childs birth certificate and he will be the legal father of the child.
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Under Missouri paternity law, a father has the right to spend time with his child and develop an emotional bond with them regardless of whether they are married to the childs mother. If the childs mother will not recognize the father, parentage may be established with the court.
A father whose name appears on a birth certificate does not enjoy full parental rights including rights to custody and visitation until he is legally declared the legal and biological father via a court order. Child custody, visitation, and child support can be ordered by a court after paternity has been established.

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