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LawHelpNow
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Can I easily rebut marital presumption naming husband as my

Resolved Question:

Can I easily rebut marital presumption naming husband as my child's legal father in the state of Missouri even though I haven't been in frequent contact with said child?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawHelpNow replied 1 year ago.

Hello Michael,
My name isXXXXX a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Here's how this works. As you astutely mentioned, the law codifies a rebutable presumption, as follows:
Missouri Revised Statutes § 210.822
However, in today's age of paternity testing, so much of this has fallen into little relevancy. In other words, this was all much more important back in the days when Courts ended up calculating gestational periods and so forth.
As to how "easy" a given case would be, in all candor there's just no way to say until the litigation is underway. It would be meaningless and unethical for me to recklessly say "very easy" or "very difficult" or anything along similar lines. It's somewhat like asking a surgeon is removal of a tumor would be "easy". Well, some are quite easy and some are incredibly complex. Until the surgeon is in the middle of the procedure, or at least has a chance to review all the scans and so forth, he or she just can't say. Likewise, here, without going to Court, conducting Discovery, reviewing the case files and so on, there's no way to say, beyond pointing to the statute.

 

Having said all of that, though, what I can say with absolute certainty is that science is king these days. Meaning, these cases hinge on the scientific evidence, and if you meet that statutory standard, you win the case.


I would love to say otherwise, but I just feel compelled to be honest rather than misleading you.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.

Customer: replied 1 year ago.

Okay. Would the fact that the husband is raising our child as his own, they are an intact family with other children and providing for the baby financially hold any weight for them in court? When I say easy I'm just trying to prevent having to pay out the wazoo in court costs if it isn't necessary or I can't get anywhere. I've been allowed visitation previously but as I stated I hadn't followed through with most of it, 7 times out of 7 months (age of child). Recently I ceased contact for three months (my mistake) and now she seems reluctant to let me regain visitation. Would this possibly be held against me? I know the child has his name and he has also signed the paperwork to be put on BC.

Expert:  LawHelpNow replied 1 year ago.
Hi again Michael,
Thanks for writing back.
Can you please clarify, if there a reason paternity isn't being used to settle the dispute?
Thanks again!
Ben, J.D.
Customer: replied 1 year ago.

Well there hasn't been a dispute. I've been allowed to visit up until recently (after being away for three months) and now she appears to be reluctant to let me visit. She hasn't quite said no I can't but there is hesitation there and it's been almost two weeks. I fear she may try to cease my visitation now. Which is why I'm asking questions. During the conception her and her husband were separated, but then they got back together and I wasn't around so he was taking care of her and the unborn child. Now that the child is here, he has given the child his name and initially wasn't on the BC but signed the papers to be put on it. I admit he is financially taking care of this child and due to my absence, emotionally there for this child. Now that they are back together and living as a unit, will this give them weight if I attempt to intervene with the "family" and take this to court? Especially seeing that he wants to be there and is claiming the child as his own. I honestly can't afford an attorney but I want to be able to see the child when I feel like it.

Expert:  LawHelpNow replied 1 year ago.
Hi there Michael,

Great to hear from you and thanks for writing back!
That all makes perfect sense, and here's the botXXXXX XXXXXne. Nothing you've mentioned, such as periods of being away or with the child, is determinative. Not today, that is. I hear everything you and the lawyers have said about the statutory presumption, but here's what really counts. If you're serious about pressing the matter, you must file a Petition to Establish Paternity. If you request it, the Missouri Department of Social Services Family Support Division offers free genetic testing. It's a simple matter of you, the mother, and the child having a painless swabbing of your inner cheek performed. But, this requires a Court Order if the mother doesn't voluntarily agree. Another step, if you haven't already done so, is to add your name to the Putative Father Registry, free of charge, by calling(NNN) NNN-NNNN
Hope that helps some more and that all goes smoothly for you.

Best regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 4 other Family Law Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
Hello Michael,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.

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