PERSONAL INJURY
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an attorney before using any information contained on this site.
The choice of an attorney is an important decision and is not to be made solely on the basis of advertising. Accessing or the use of this website does not create an attorney-client relationship with Case & Rajnoha. Confidential or time
sensitive information should not be sent through the use of this website. This website is intended to provide the reader with a general understanding about select legal topics, not to provide legal advice or opinion. You should consult with
an attorney before using any information contained on this site.
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please fill out the form below and click submit or if you prefer,
call our office at: (636) 861-1111.
West County Family Law
1190 Meramec Station Rd.
First Bank Bldg., Suite 203
Ballwin, MO 63021
636-861-1111
636-861-1127 fax
www.westcountyfamilylaw.com
1190 Meramec Station Rd.
First Bank Bldg., Suite 203
Ballwin, MO 63021
636-861-1111
636-861-1127 fax
www.westcountyfamilylaw.com
Contact West County Family Law online or call us at 636-861-1111 to schedule your initial consultation with one of our attorneys
so that you can learn more about your rights and options.
so that you can learn more about your rights and options.
West County Family Law
CALL FOR YOUR FREE TELEPHONE CONSULTATION 636-861-1111 |
West County Family Law
Ballwin, Mo. Office
Ballwin, Mo. Office
Experienced Service and Legal Counsel
Our goal at West County Family Law is to provide the highest quality of experience, service and legal counsel. With more than 65 years of
experience, attorneys Case & Rajnoha are capable of handling many types of legal matters. Founded in 1975, West County Family Law's
trademark has been prompt, personal attention. Our success has been our dedication to our clients and protecting their best interests and
rights. Our clients deserve to be well-represented, with quality legal services provided by a dedicated team of attorneys and paralegals. We
pride ourselves in our personal service by making sure we are available for our client throughout the legal process.
We're Here to Help You
We seek to help you through the legal problem confronting you. The first step is an easy one: call us for a free telephone consultation at
(636) 861-1111 to speak with our Ballwin family and criminal law attorneys. You can also contact us online. We accept Visa and MasterCard.
West County Family Law is located in Ballwin, Missouri, and serves the cities of St. Louis, Chesterfield, Fenton, Valley Park, Clayton, Creve
Coeur, Kirkwood, Des Peres, Webster Groves, Manchester, Eureka, Hillsboro, Maryland Heights, Town and Country, Ellisville, Frontenac,
Wildwood, Ladue and Crestwood. We also serve other communities in St. Louis County, Jefferson County, St. Charles County, West County
and South County.
West County Family Law PaternityAttorneys
Joel Case & Sally Rajnoha
Joel Case & Sally Rajnoha
| West County Family Law |
In Missouri, issues regarding establishment of paternity, child support, and custody of children born out of wedlock are
governed by the Missouri Uniform Parentage Act (MoUPA). Either parent can file a Petition in the Circuit Court in order to establish paternity
and for orders of custody and child support.
A parent wanting to establish paternity and obtain financial support only may instead go through the State of Missouri’s
Family Support Division. Custody plans are not dealt with by this agency; therefore, an action must be brought in the court to
establish a visitation or custody plan. An action to establish paternity may be brought at any time for a child who has a
presumed father. What is a “presumed father”?
Section 210.822 of the Missouri Uniform Parenting Act states:
PRESUMED FATHER
1. A man shall be presumed to be the natural father of a child if:
(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or
within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution, or
after a decree of separation is entered by a court; or
(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized
in apparent compliance with the law, although the attempted marriage is or may be declared invalid, and:
(a) If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within three hundred
days after its termination by death, annulment, declaration of invalidity or dissolution; or
(b) If the marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; or
(3) After the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the marriage is or may be declared invalid, and:
(a) He has acknowledged his paternity of the child in writing filed with the bureau; or
(b) With his consent, he is named as the child's father on the child's birth certificate; or
(c) He is obligated to support the child pursuant to a written voluntary promise or by court order; or
(4) An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is ninety-eight
percent or higher, using a prior probability of 0.5.
2. A presumption pursuant to this section may be rebutted in an appropriate action only by clear and convincing evidence,
except that a presumption under subsection 1 of this section that arises from a blood test or the filing of an acknowledgment
of paternity in a state or territory in which the blood test or the filing creates a conclusive presumption by law also has
conclusive effect in Missouri. If two or more presumptions arise which conflict with each other, the presumption which on
the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court
decree establishing the paternity of the child by another man.
WHEN? Remember, an action to establish the existence or nonexistence of a presumed father-child relationship may be
brought at any time by one of the parties named above who has standing to bring such an action.
NO PRESUMED FATHER?
If there is no presumed father, an action to determine the existence of the father/child relationship is typically brought by
the child’s mother, the Family Support Division, or a man alleging himself to be the father. In some situations a guardian or custodian may
initiate the action.
WHEN? If there is no presumed father, an action to establish the existence or nonexistence of a presumed father-child relationship must be
brought no later than eighteen (18) years after the birth of the child. A child who has no presumed father
may bring their own action within three (3) years after attaining age eighteen (18).
This is general information provided to answer some of your initial questions. Paternity actions are very complicated and
time sensitive. Consult with a qualified attorney to find out more information relating to your situation.
governed by the Missouri Uniform Parentage Act (MoUPA). Either parent can file a Petition in the Circuit Court in order to establish paternity
and for orders of custody and child support.
A parent wanting to establish paternity and obtain financial support only may instead go through the State of Missouri’s
Family Support Division. Custody plans are not dealt with by this agency; therefore, an action must be brought in the court to
establish a visitation or custody plan. An action to establish paternity may be brought at any time for a child who has a
presumed father. What is a “presumed father”?
Section 210.822 of the Missouri Uniform Parenting Act states:
PRESUMED FATHER
1. A man shall be presumed to be the natural father of a child if:
(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or
within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, or dissolution, or
after a decree of separation is entered by a court; or
(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized
in apparent compliance with the law, although the attempted marriage is or may be declared invalid, and:
(a) If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within three hundred
days after its termination by death, annulment, declaration of invalidity or dissolution; or
(b) If the marriage is invalid without a court order, the child is born within three hundred days after the termination of cohabitation; or
(3) After the child's birth, he and the child's natural mother have married or attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the marriage is or may be declared invalid, and:
(a) He has acknowledged his paternity of the child in writing filed with the bureau; or
(b) With his consent, he is named as the child's father on the child's birth certificate; or
(c) He is obligated to support the child pursuant to a written voluntary promise or by court order; or
(4) An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is ninety-eight
percent or higher, using a prior probability of 0.5.
2. A presumption pursuant to this section may be rebutted in an appropriate action only by clear and convincing evidence,
except that a presumption under subsection 1 of this section that arises from a blood test or the filing of an acknowledgment
of paternity in a state or territory in which the blood test or the filing creates a conclusive presumption by law also has
conclusive effect in Missouri. If two or more presumptions arise which conflict with each other, the presumption which on
the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court
decree establishing the paternity of the child by another man.
WHEN? Remember, an action to establish the existence or nonexistence of a presumed father-child relationship may be
brought at any time by one of the parties named above who has standing to bring such an action.
NO PRESUMED FATHER?
If there is no presumed father, an action to determine the existence of the father/child relationship is typically brought by
the child’s mother, the Family Support Division, or a man alleging himself to be the father. In some situations a guardian or custodian may
initiate the action.
WHEN? If there is no presumed father, an action to establish the existence or nonexistence of a presumed father-child relationship must be
brought no later than eighteen (18) years after the birth of the child. A child who has no presumed father
may bring their own action within three (3) years after attaining age eighteen (18).
This is general information provided to answer some of your initial questions. Paternity actions are very complicated and
time sensitive. Consult with a qualified attorney to find out more information relating to your situation.