If you and the mother of the child are not married, fathers or guys, you do have rights. There’s a little bit more of a process that you have to go through, it’s not presumed that you are the father just because you might have had an intimate relationship with the woman who is either with child or is pregnant. What she would need to do is actually, it’s very similar to if you were married. But the number one thing that you have to do first is, you have to file a petition to establish paternity. What that means is that you would.
Either have to submit to a dna test, or it’s possible that you’re on the birth certificate, but it’s actually a very simple process. If the mother of the child simply just admits that you are the father of the child, you can kind of just go over that presumption, and they will grant that as you being the father of that child. Also, on the flip side, if a woman comes to you, and says, Hey, this is your child, and you need to start supporting it, they also have to establish paternity. So, you could.
Ask for a dna test, and then, usually what will happen is, you could also ask for the failing party of the DNA test. So, if you want it to be your child and she doesn’t want it to be your child, or she wants it to be your child and you don’t want it to be your child, whoever is the nonprevailing party usually would have to pick up the fees and the costs associated with that DNA test. But after that, and after the DNA test is done and it is proven to be your child, there’s the same areas of law and same areas of rights.
Are established. there is legal decisionmaking, parenting time, and child support. now guys, I’ve had quite a few clients who. The mothers have come, and the children are already grown up a little bit so, if there is a child who is of significant age but still under the age of 18, they could still try to establish that paternity, and try to get you for child support. The good news is, though, that they can only get you for three years of that child support. So, hopefully that doesn’t happen to you, but it is possible. Those are your.
Rights, you do have rights if you’re married. here’s the thing though, guys. if you are not married. It’s kind of, both, if you’re married or you’re not married, until there is a court order in place, it’s kind of the child. The parent who’s holding the child can, kind of, dictate and doesn’t necessarily have to give you parenting time, so if you and the mother of the child are not getting along, it is good to get some kind of court order in place if you’re not at an amicable place.
Child Custody Jurisdiction UCCJEA The Marks Law Firm
The very first question a court must address in any custody dispute is the issue of jurisdiction which means whether the court has the authority to grant the requested relief. To address the issue of jurisdiction, Missouri enacted the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. The purpose of the UCCJEA is to provide one and only one court in the world to have the ability to consider custody issues in a particular case. Often parents live in different states,.
And even different countries, after separating, and one parent may want home court advantage or wish to find a state where the parent believes the law would be more favorable on a particular issue. To prevent this type of forum shopping, the UCCJEA designates the home state of the child as the exclusive forum for deciding custody matters. The home state is the state in which the child has resided for the six months preceding the filing of a custody action. So, as an example, if husband and wife living in Missouri separate and wife moves with the.
Children to illinois, wife may decide to file in illinois right away so that illinois may decide custody. However, if the children have not lived in Illinois for at least six months, Missouri will remain the home state and the presumptive forum to hear the case. The key thing to keep in mind is that if, after divorce, one or both of the parents move to another state, seek out a knowledgeable attorney who can make sure youre not wasting valuable resources seeking custody decisions in the wrong jurisdiction.