[MO] If I die, who will get custody of my child?
I live in Missouri and I’m about to give birth. I’m not putting the baby’s dad on the birth certificate since he won’t be part of the baby’s life. The baby and I will live with my parents. If I die, will custody of my baby go to my parents automatically?
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Without established paternity, he essentially has no rights, which can leave your parents as the child’s closest living relatives (§210.822 RSMo). Still, it’s best to document your wishes so there’s something on file showing you want them to have guardianship and that they’re fit (§475.045 RSMo).
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I live in Missouri and I’m about to give birth. I’m not putting the baby’s dad on the birth certificate since he won’t be part of the baby’s life. The baby and I will live with my parents. If I die, will custody of my baby go to my parents automatically?
Lexi, Chatbot
I understand you’re concerned about custody arrangements. Have you considered any legal documents to establish guardianship if something happens to you?
I’m wondering if I need to.
Lexi, Chatbot
Any specific concerns about the baby’s father and his potential involvement?
I don’t want the court to look for him or give him custody. He threatened to take me to court for rights, but I know he doesn’t have the money.
Lexi, Chatbot
Is there anything else the family lawyer should know?
Yes.
Elizabeth
Hi! I’m Liz, an attorney for over a decade. So I can best help—does the father agree to not be involved?
Hello Liz. He hasn’t threatened to take me to court anymore. I’ve had no contact with him since then.
Elizabeth
Was he threatening before to force paternity?
Yes.
Elizabeth
Without established paternity, he essentially has no rights, which can leave your parents as the child’s closest living relatives (§210.822 RSMo). Still, it’s best to document your wishes so there’s something on file showing you want them to have guardianship and that they’re fit (§475.045 RSMo).
No. There is nothing.
Elizabeth
Have you considered creating a will?
I didn’t know what documentation was needed, but I’m open to creating one.
Elizabeth
A will lays out how your affairs are handled if you pass. You can include a provision stating you want your parents to have custody. Note: the father could still try to establish paternity later.
That’s what I’m worried about. If I have a will stating my child goes to my parents, and the father hasn’t come forward, would the courts look for him?
Elizabeth
The courts would not look for him. He would have to actively come forward and fight your parents for custody.
Thanks.
Elizabeth
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