Are you wondering who can get custody of your child if you’re not married in Missouri? The answer depends on your situation, including whether the court has recognized the legal rights of both parents and what custody orders are in place.
A Missouri custody lawyer can explain where you stand and what you can do next. They can also help you file the right paperwork, build your case, and speak for you in court if necessary.
Legal Custody vs. Physical Custody in Missouri
There are two main types of custody in Missouri: legal and physical. Legal custody gives a parent the right to make decisions about a child’s education, healthcare, religious upbringing, and other key aspects of their life. Physical custody gives a parent the right to have their child live with them and the responsibility to provide daily care. Parents can share both types of custody equally, or one parent might take on more responsibility than the other in one or both areas.
Default Custody Rights for Unmarried Mothers
If a child is born to unmarried parents in Missouri, the mother automatically has full legal and physical custody. The father does not have any custody rights until Missouri law recognizes him as the legal parent. Until the father establishes paternity, the mother has the power to make all decisions for the child. She can choose where the child lives, where they attend school, and the types of medical care they do or don’t receive. The father must take legal steps to assert his parental rights.
How Unmarried Fathers Can Establish Paternity
Unmarried fathers must establish paternity before they can seek custody or visitation in Missouri. Similarly, unmarried mothers cannot seek child support from fathers until paternity is established.
Unmarried parents can establish paternity by signing Affidavits Acknowledging Paternity at the hospital when their children are born or later through the Missouri Bureau of Vital Records. They can also file paternity cases in court and ask for DNA testing.
Once the law recognizes someone as a child’s legal father, they can ask the court for custody or parenting time and might be responsible for child support. Before paternity is established, the courts do not give unmarried fathers any legal rights or responsibilities, even if they have relationships with their children.
Custody Rights After Paternity Is Established
Once the court legally recognizes an unmarried father, both parents stand on equal ground. The law does not favor one parent based on gender, income, or marital status. Either parent can ask for joint or sole custody. The court looks at what works best for the child when making custody decisions. Missouri judges presume that equal parenting time is best for children, but parents must prove they can make it work before the court will grant this type of arrangement. The court may give one parent more time if the other has a history of abuse, doesn’t cooperate, or can’t meet the child’s needs.
Can an Unmarried Parent Lose Custody?
Yes, an unmarried parent can lose custody if the court finds that they pose a risk to the child. Abuse, neglect, drug use, or a dangerous home environment can all lead a judge to limit or deny custody. A parent could also lose custody if they try to keep the child away from the other parent without a good reason. The court always prioritizes the child’s safety and well-being in custody cases. If either parent puts the child at risk, the judge may grant full custody to the other parent or a third party.
Contact a Missouri Custody Attorney Now
Need help with a custody case in Missouri? Contact the Law Office of Amy L. Gervich now to get started with your free consultation. We’ll listen to your concerns, answer your questions, and explain what steps make sense for your situation.
