Vancouver, WA asked in Child Custody and Family Law for Missouri

Q: How to remove ex-husband's name from child's birth certificate in Missouri after DNA test shows he isn't the father?

I am divorced, and my ex-husband is named as the father on my child's birth certificate. However, a DNA test conducted before our divorce was finalized showed he is not the biological father. He has not contacted us or seen the child for over 8 months, despite a divorce decree stating he is to have the child every other week. There have been no legal proceedings initiated based on the DNA test, and I wish to obtain full custody and remove his name from the birth certificate. How can I proceed with these changes in the state of Missouri?

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James L. Arrasmith
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A: In Missouri, removing your ex-husband’s name from your child’s birth certificate requires a court order—especially since he is currently presumed to be the legal father. Even though the DNA test shows he isn’t the biological father, the law doesn’t automatically update documents or parental rights without a formal legal process. The first step is to file a petition to disestablish paternity in the family court that handled your divorce or where your child resides.

You’ll need to submit the DNA test results and explain the circumstances, including the lack of contact and the divorce terms. The court will review whether it’s in the child’s best interest to remove him as the legal father. If the judge grants the request and disestablishes paternity, you can then file the appropriate paperwork with the Missouri Bureau of Vital Records to amend the birth certificate and have his name removed.

At the same time, you can ask the court for full legal and physical custody since he is no longer acting as a parent and is not biologically related. Be sure to bring proof of his absence and non-involvement. This process may take time, but it gives you a path toward securing legal clarity and full rights over your child’s care. You’re making a strong, thoughtful move for your child’s future.

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