Paternity Lawyers Serving O’Fallon, St. Charles County And The Surrounding Counties
Last updated on May 27, 2025
Paternity is the legal acknowledgment of a parental relationship between a father and his child. A child born to a wife during a marriage is legally presumed to be the husband’s child, but this presumption can be rebutted with evidence to the contrary. If you find yourself in either situation, Suddarth & Koor, LLC, is here to guide you through the situation.
Paternity And Family Law Attorneys
Paternity creates a legal connection between a parent and a child. Determining paternity can help establish support, custody and visitation.
Establishing paternity can go beyond everyday monetary support. If the parent passes, the child has legal claims to assets, or other government benefits, such as Social Security and military pensions, may be passed on. It helps the child to know if there is anything in their medical history they need to be aware of.
How Is Paternity Established In Missouri?
Missouri law provides two primary methods for establishing paternity when the biological father’s identity needs legal confirmation.
DNA Testing
Genetic testing plays a crucial role in establishing paternity, particularly when paternity is disputed or uncertain. DNA testing is highly accurate, with results showing a 99.9% probability of paternity when the tested man is the biological father. Missouri courts can order genetic testing when paternity is contested, and the results are admissible as evidence in legal proceedings. The testing process involves collecting DNA samples from the child, mother and alleged father through simple cheek swabs, making it a noninvasive procedure that provides definitive scientific proof of biological relationships.
Voluntary Acknowledgment Of Paternity
When both parents agree on paternity, the process can be completed voluntarily without court involvement. This typically involves signing a legal document called the “Affidavit Acknowledging Paternity,” which establishes the father’s legal rights and responsibilities. Parents can complete this form at the hospital immediately following the child’s birth, or they can file it later through the Missouri Bureau of Vital Records.
Common Challenges In Paternity Cases
Paternity cases often present complex legal and emotional challenges that require experienced legal guidance to navigate successfully.
Contested paternity represents one of the most frequent obstacles, occurring when the alleged father disputes biological parentage or when multiple potential fathers are involved. These situations typically require court-ordered genetic testing and can become emotionally charged as parties dispute the results or their implications.
Refusal to undergo genetic testing can complicate paternity proceedings significantly. While courts cannot physically force someone to submit to DNA testing, they can draw negative inferences from a party’s refusal to cooperate. In some cases, courts may enter default judgments establishing paternity when an alleged father refuses testing without valid reasons.
The implications for custody and visitation rights create additional complexity in paternity cases. Once paternity is established, fathers gain legal rights to seek custody or visitation, but they also become responsible for child support obligations. These developments can dramatically alter existing family dynamics and require careful legal consideration to protect all parties’ interests, particularly the child’s best interests.
Contact Our O’Fallon Paternity Attorneys
If you are facing paternity issues in O’Fallon, St. Charles County or the surrounding areas, our experienced family law attorneys are here to help. Call 636-260-0132 today or contact us online to discuss your case and learn how we can protect your rights and interests throughout the paternity process.