Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Robin W. Klein

Mens Divorce Attorney, Cordell and Cordell

Paternity law is a complex area of law that frequently discriminates against fathers rights.

It's not uncommon for family law attorneys to have clients with children that have never been married to the mother nor been to court who simply have verbal agreements about who pays what and who gets to see the child when.

In these situations, the mothers have all the power since unwed fathers generally have few rights to their children.

So if you are an unwed dad, here is what you should expect in terms of child support, parenting time, health insurance costs, etc., if your child's mother finally takes you to court to have a judge formalize your relationship.

Question:

My ex-wife had a child by another man shortly after we divorced. My name was allegedly put on the child's birth certificate by the state because we had not been divorced for at least 10 months when the child was born.

The biological father has taken a paternity test and was proven to be the father, but he signed over his parental rights to the state as did my ex-wife.

My ex-wife now claims her caseworker told her that I'm the only one with parental rights to the child and she wants me to terminate them so she can reclaim custody.

How can I find out if I'm on the birth certificate and if I have rights to this child, who we all agree is not my biological son?

By Michelle Hughes

Divorce Lawyer, Cordell & Cordell

Whether it is the denial of paternity rights or being the unlawful victim of paternity fraud, fathers must be careful, as paternity law is complex. As more children are born out of wedlock, paternity problems will only become more common.

If you are an unwed father, you must establish paternity to at least prove you are the child’s father, though it doesn’t automatically give you rights regarding custody and visitation.

By William Halaz

Attorney, Cordell & Cordell

Note: Click here to read Part 1, which addressed these questions:

• What to do when a child is born during dissolution proceedings?
• If the baby isn't mine but is born during divorce proceedings before our divorce is official am I legally responsible?

What follows is a brief explanation of paternity laws in the state I practice in, Missouri, regarding the potential outcome of this nerve-wracking situation. This is not meant to cover every situation, and as each situation may produce a different outcome, you should speak with an attorney regarding how to proceed with your case. Also, laws in your state may be different, so you should speak with an attorney licensed in your own state to determine whether this information may apply to your case. Through the article, I will be referencing Missouri’s Revised Statutes (RSMO).

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• Can I sell the marital home under temporary orders? If I can't sell the home under temporary orders, then how soon could I sell the home? Finally, should/can I file for bankruptcy under temporary orders?
• Can we receive both child support and the auxiliary child benefit?
• I have primary physical and joint legal custody of our child. During vacation time that I have this year (spring break, summer) the decree states my ex has first right of refusal if a babysitter is necessary. Does this apply even during my holiday time?
• If I get laid off from my job, can I get alimony and health insurance from my ex even if she has remarried?
• If my pregnant wife gives birth before our divorce is finally, are the children legally mine even if paternity hasn't been determined?