Child Custody Laws for Unmarried Parents
Attorney Serving St. Louis, St. Charles, & Chesterfield
While child custody, visitation, and child support are often linked to the divorce process, parents who were never married have the same rights to seek these things for their children. When it comes to a child’s right to have the care and support of both parents, Missouri family law statutes and court cases do not distinguish between married and unmarried parents.
At Cavanagh & Associates, we help unmarried parents in Chesterfield, St. Charles, and St. Louis with:
- Establishing legal parent-child relationships (usually paternity);
- Establishing initial child custody orders;
- Establishing child support orders;
- Modifying custody, visitation, and support orders; and
- Resolving disputes about child custody, visitation, or support.
To find out how we can help you, contact St. Louis family law attorney Jack Cavanagh at (314) 309-2799.
Missouri Custody Laws for Unmarried Parents
In Missouri, if a child is born to unmarried parents, then the mother is automatically given sole custody with full parental rights. That is unless the mother signs an affidavit acknowledging that her partner is the father. If the mother refuses, then the father must establish paternity via DNA test or court petition. If the father does not establish paternity, then he will not be able to make decisions on behalf of the child such as healthcare, education, religion, etc. However, once the courts have validated the petition for paternity, the father is given rights equal to that of the mother and can seek custody and visitation. It is important to remember that courts will favor joint custody of a child, especially if they feel it's in their best interests. Seeking sole or full custody is often difficult to do without sufficient evidence of one of the parents being unfit.
Paternity & the Rights of Unmarried Fathers in MO
A paternity case is a legal action to determine and declare a father-child relationship. If the mother and father agree to the biologic facts of parentage, they may jointly submit forms to the Missouri Department of Health and Senior Services, Bureau of Vital Records. However, if there is a dispute or if one of the parents refuses to cooperate, it may be necessary to file a paternity action in court.
Establishing the parent-child relationship is required before a person who claims or who is alleged to be a parent can be granted custody or visitation rights and before support obligations can be established or enforced.
Although paternity can be established by genetic testing, it may not be necessary in all cases. Paternity can also be determined by agreement of the parents, including an affidavit signed by the child’s father in which he admits paternity.
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Read Stories Directly From People We've Helped
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"I've worked with Jack on two separate occasions and both times I felt that he not only had my best interest in mind but was going to bat on my behalf. "I would highly recommend setting up a consultation with Jack regarding your legal matters as he certainly goes above and beyond for his clients.- Matt
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"Experience is priceless"Jack and Eka were very professional in handling my case. I would definitely recommend them to others and use them again. Jack has 50 years experience!- Michele
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"Jack did a great job representing me"
Jack did a great job representing me while dealing with a high conflict ex. He was able to tell me what to expect and what was worth fighting for and did it in a way that made it easy to accept.
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"I was beyond satisfy"Mr. Jack Cavanagh was my attorney getting me removed from an child birth certificate that wasn’t my child. He made the process very easy and timely manner the communication was very good and I was beyond satisfy with the outcome and service Thank you Mr.Jack and Ms.English- Demetric L.
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"I would recommend Mr. Cavanagh as well as use him again in the future."Mr. Cavanagh was very patient in dealing with all of the difficulties of my case. He was pleasant to work with to get the child support and custody worked out in a way that was fair. He showed real concern for the welfare of my son. He was professional in guiding me with regards to counseling and getting my sons voice heard throughout the case as well. Lastly he was thorough in that he went through the original divorce decree and made sure I received what I should have gotten during the divorce. I would recommend Mr. Cavanagh as well as use him again in the future.- Former Client
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"The best there is in the Biz"Jack has been a lawyer for a long time. He values his clients and sees them as people with individual circumstances, and not just dollar bills like other attorneys. Anyone that knows anything about the law knows it’s about making and keeping good rapport with all parties involved. And for a defense attorney, being familiar with the judge to the prosecutor and being on a friendly basis with them is exceptionally important. And Jack knows everyone! He should as he’s been doing this for probably over 40 years. He’s not only a great attorney but I consider him a friend. Don’t make the mistake of choosing an unknown rookie attorney who may be a couple bucks cheaper. Choose Jack!- Paige
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"Would recommend"Jack resolved a case from 1500 miles away in a timely manner. Professional throughout the entire process, took the time to understand my needs as a client and fulfilled them without ever wavering in his commitment or price. Would recommend.- Patrick S.
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"I was beyond satisfy"Mr. Jack Cavanagh was my attorney getting me removed from an child birth certificate that wasn’t my child. He made the process very easy and timely manner the communication was very good and I was beyond satisfy with the outcome and service Thank you Mr.Jack and Ms.English- Demetric L.
