Saint Louis, MO asked in Family Law and Child Support for Missouri

Q: My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity

My name is Kyla. I have received a summons in the mail from my ex husband Tyler regarding paternity on my 6 year old daughter. She was born prior to the marriage and she is not biologically his. But after the marriage we both signed a paternity affidavit which added him to her birth certificate with his last name 6 years ago. Child support was ordered on him prior to the divorce. But now his goal is to eliminate child support and it also lists in the summons to take him off her birth certificate with a paternity test. I have been told by two lawyers in the past that I could not remove him from the birth certificate due to the affidavit and the current child support order. But his lawyer is claiming to be able to do both. But she does not know about the paternity affidavit. I do not want to be stuck paying for his court fees and whatever else they want to charge me with in regards to all of this.

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1 Lawyer Answer
Lydia Seifner
Lydia Seifner
  • Springfield, MO
  • Licensed in Missouri

A: The courts generally want to maintain the legal parentage for children. So if the divorce did not address his paternity it is unlikely that he can get himself removed as the legal parent without finding someone to replace him; like the biological father. At any rate, if you received a summons you will want to address it within 30 days of receiving it. Contact an attorney local to you to discuss his paperwork and your options.

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