New Law Permits Fathers to Challenge Paternity with DNA Evidence
Missouri Governor, Jay Nixon, signed into a law a paternity bill on August 27, 2009, that gives men the right to challenge a paternity ruling for two years. Under the old law, there were three ways a man could be named the legal father of a child and subsequently obligated to provide child support for eighteen to twenty-one years, as well as, college costs. The three typical scenarios are:
•1 The married man is presumed to be the father without regard to his wife's infidelities.
•2. The unmarried man who signs the affidavit of paternity of the hospital is presumed to be the father if he does not dispute that affidavit within 60 days and if the mother "forgets" to name other possible fathers. This is Missouri's "Paternity Trap."
•3. The unmarried man who does not sign an affidavit of paternity, but takes steps to make his application with Missouri's putative fathers' registry and support the child.
Missouri joins about 30 other states to adopt this two year paternity law. The new act provides time until December 31, 2011, for fathers to challenge prior paternity orders using DNA evidence for children less than eighteen (18) years of age. A father may file a petition to challenge entry of a judgment of paternity with his affidavit stating that evidence exists which was not considered before entry of judgment. After December 31, 2011, each father will have two years from the child's birth to challenge his paternity with the appropriate DNA evidence.
Eliminate Arrearages and Expunge Criminal Non-Support Charges
Father's who have been subjected to collections, garnishments and charges of criminal non-support will have the ability to have those actions quashed and expunged from his record when they are able to show that they are excluded as father by a court-approved DNA test.
The two-year rule, however, is not long enough. Unmarried and married fathers should realize how quickly two years passes and err on the side of caution by getting a DNA test whenever there is ANY doubt about paternity, regardless of other circumstances. We live in a time where wives and girlfriends come and go, but the state's order of paternity and a father's subsequent obligation of support will remain.
| The PATERNITY TRAP occurs at the hospital when the mother fails to mention the possibility of other fathers in order to get the best breadwinner to sign the affidavit of paternity. |
Freedom to Support Without Interference
Caring people get DNA tests. In my practice I seldom get calls from people who do not want the father to support a child. The complaint I hear regularly is that the support never reaches or benefits the child because of the custodial mother's behavior or spending. For these fathers, discovering that they are not the biological father frees them to be Dad; to send support that will directly benefit the child. Support which cannot be misused or misdirected by the mother.