Missouri First Interrogatories in Paternity of Custody Actions are questions posed by one party to the other regarding their legal rights and responsibilities in a paternity or custody action. The purpose of interrogatories is to obtain information from the opposing party that can be used to build a case or prepare for trial. The Missouri Supreme Court Rules of Civil Procedure requires that the responding party answer the interrogatories fully and truthfully. Types of Missouri First Interrogatories in Paternity of Custody Actions include questions about the parties' identity, information about the child, the relationship between the parties, financial matters regarding the child, and any other relevant information that could be used to determine legal rights and responsibilities.
Missouri First Interrogatories in Paternity of Custody Actions
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FAQ
Physical Custody in Missouri If the child lives with one parent for the majority of the time, and maybe only visits the other parent occasionally or does not spend a lot of time at the other parent's home, the child would generally be considered to be in the sole physical custody of the custodial parent.
Legal Child Custody in Missouri With one parent having sole legal custody, only that parent can make decisions for the child. Decision-making for the child is not about what friends the child can spend time with, what the child eats for dinner, or picking out their clothes for school.
Fathers have the same right as mothers to legal and physical custody of their child. It is possible for a father to be awarded primary physical custody depending on certain factors involved in the case. This means that the father can care for his child for most of the time while the mother is given visitation rights.
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.
A father whose name appears on a birth certificate does not enjoy full parental rights including rights to custody and visitation until he is legally declared the legal and biological father via a court order. Child custody, visitation, and child support can be ordered by a court after paternity has been established.
Unwed fathers rights in Missouri Once the petition for paternity gets court validation, the father is granted the same rights as the mother and can petition for custody and visitation.
The court system of Missouri believes that it is in the best interest of the children that they have equal exposure to both parents. But if you believe your child should not be in contact with the other parent, you can petition the court for sole custody.
Missouri allows a child to state a preference as to which parent has primary custody once they reach the age of twelve. A court is not bound by the child's preference, but the judge must give it some consideration. This does not, however, mean that a child who is twelve or older can refuse visitation with a parent.