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    Tiff190's Avatar
    Tiff190 Posts: 1, Reputation: 1
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    #1

    Oct 31, 2013, 07:54 PM
    The man on my child's birth certificate isn't the father but has accepted since birth
    I was in a relationship of 4 years and cheated with another man and got pregnant, the man I cheated with knew I was pregnant but the guy I was in the 4 year relationship knew the baby wasn't his but we still stayed together and he was there for the pregnancy and the birth and signed her birth certificate. She is now 9 months old and the man I cheated with wants to take me to court to get his rights and his name put on my child's birth certificate but he was never around while I was pregnant or even after she was born and never offered to step up and be a father and that's why the man I was with took the responsibility. Can the other man now 9 months later take me to court and make me do a DNA and have his name out on the birth certificate when she already had a father who has done everything for her since birth. I live in the state of Missouri
    J_9's Avatar
    J_9 Posts: 40,253, Reputation: 5642
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    #2

    Oct 31, 2013, 08:06 PM
    Yes, he can do that. He could also, if he wanted to, have you charged for fraud since you knew that the man on the birth certificate was not the biological father and he fraudulantly signed the Affidavit of Paternity.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Nov 1, 2013, 03:19 AM
    Yes, he has a window of opportunity to do so which I believe is 2 years, so that is within the time. If he is the bio father he has rights. That he chose not to pursue those rights until now may be held against him in terms of visitation, but not prevent him from establishing himself as the legal father.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Nov 2, 2013, 04:34 AM
    Missouri Revised Statutes
    Chapter 210
    Determination of father and child relationship, who may bring action, when action may be brought.

    210.826. 1. A child, his natural mother, a man presumed to be his father under subsection 1 of section 210.822, a man alleging himself to be a father, any person having physical or legal custody of a child for a period of more than sixty days or the family support division may bring an action at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under subsection 1 of section 210.822.

    2. An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 210.822 may be brought by the child, the mother or the person who has legal custody of the child, any person having physical or legal custody of a child for a period of more than sixty days, the family support division, the personal representative or a parent of the mother if the mother has died, a man alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.

    3. Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with subsection 2 of section 210.838, between an alleged or presumed father and the mother or child, does not bar an action under this section.

    4. If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.

    5. In an action to determine the existence of the father and child relationship under this section, a notification form, as specified in this subsection, shall be attached to the delivery of the petition through service of process. The notification form shall prominently state in boldface type as follows: "Important Notice. If you do not respond to this action, a judgment of paternity may be entered against you and you may be ordered to pay child support, medical support, or reimburse someone for support previously provided for the child. You have the right to contest that you are the father of the named child and you have the right to request genetic testing to prove whether or not you are the father.".



    Presumption of paternity--rebuttal of presumption, standard of proof.

    210.822. 1. A man shall be presumed to be the natural father of a child if:

    (1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution, or after a decree of separation is entered by a court; or

    (2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or may be declared invalid, and:

    (a) If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within three hundred days after its termination by death, annulment, declaration of invalidity or dissolution; or

    (b) If the marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; or

    (3) After the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the marriage is or may be declared invalid, and:

    (a) He has acknowledged his paternity of the child in writing filed with the bureau; or

    (b) With his consent, he is named as the child's father on the child's birth certificate; or

    (c) He is obligated to support the child pursuant to a written voluntary promise or by court order; or

    (4) An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is ninety-eight percent or higher, using a prior probability of 0.5.

    2. A presumption pursuant to this section may be rebutted in an appropriate action only by clear and convincing evidence, except that a presumption under subsection 1 of this section that arises from a blood test or the filing of an acknowledgment of paternity in a state or territory in which the blood test or the filing creates a conclusive presumption by law also has conclusive effect in Missouri. If two or more presumptions arise which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing the paternity of the child by another man.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #5

    Nov 2, 2013, 04:50 AM
    Blood tests--expert defined.

    210.834. 1. The court may, and upon request of any party shall require the child, mother, alleged father, any presumed father who is a party to the action, and any male witness who testifies or shall testify about his sexual relations with the mother at the possible time of conception, to submit to blood tests. The tests shall be performed by an expert as defined in subsection 7 of this section.
    7. As used in sections 210.817 to 210.852, the term "expert" shall include, but not be limited to, a person who performs or analyzes a genetic test of a type generally acknowledged as reliable by accreditation bodies designated by the secretary of the Department of Health and Human Services pursuant to 42 U.S.C. 666(a) and performed by a laboratory approved by such accreditation bodies.

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