Paternity Judgment wording issues???

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alleymay

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OK, I posted once before and got no help. So here goes again, I will try to update and give a overview and update of what is going on.

I had trouble divorcing my husband. With his many mental health issues, and my financial situation, I was not able to divorce right away after our separation. I had no intentions of meeting someone new, but things happen and I met a wonderful man. I attempted to divorce him once, but he was "mentally incapable" of legal decisions so I waited. Round 2 I had just found out I was pregnant (my first child), and my husband was not the father. I had no clue that a pregnant woman could not get married. If I am not in a state where I am considered "capable" of making that kind of life decision, they shouldn't let pregnant women get married either.

So I moved from Kansas to Missouri, and since nothing in our divorce is contested we decided that we would file pro se to save money since I lost my job because I went on maternity leave. The court clerk informed me that there would be 2 cases heard together. One for the dissolution of marriage, and a second for judgment of paternity. My dissolution is fine (I think). But there is a problem with my judgment of paternity. The court clerk said that I needed to go to the law library to find what I needed to alter the paperwork to fit my situation. In a standard judgment of paternity there is a custody agreement, parenting plan, visitation schedule, and child support agreement. But we do not need those things since we are living together and raising our child.

I went to the law library and spent 3 hours staring at the Missouri Statutes. The clerk told me that the law librarians would be super helpful and that I could find what I needed in the statutes and case law. No one spoke great English and no one seemed to understand what I was wanting, so no one could help me find case law. The court clerk said that I should ask for "information regarding paternity in Missouri, and any requirements for Judgments of Paternity" and that they would direct me to any statutes as well as any relevant case law. I didn't find anything about the requirements for Judgment of Paternity, and didn't see any case law relevant or not.

At a loss I called legal aid, as well as 7 private law firms. No one can/will help me. They said that since I have already filed my case with the courts there was nothing they could do for me unless I wanted to dismiss my case and start over. I can't afford a lawyer, so I can't afford to lose my nearly $200 in filing fees and notary public costs.

Does anyone know where or how I can find this information? I would spend a whole day in the UMKC law library if necessary. Thanks again and sorry for the double post. I was going to break down and try and find a lawyer since I know that if someone is familiar with the system and process it is probably a 5 minute thing, so I was really upset when I found out that supposedly no one can "legally" help me.
 
There is a valid reason why the State won't (generally) allow a pregnant woman to divorce.

And it has NOTHING to do with her fitness, mentally or otherwise.

Is your child actually born yet?
 
No longer pregnant

I am no longer pregnant. My child is now a year old. Her father takes full parental responsibility, and my soon to be ex denies all responsibility. There is no question of paternity by any party.
 
Is this what you need?

This one is for St. Louis County.

http://forms.justia.com/missouri/lo...davit-for-judgment-paternity-cases-48744.html


You could probably locate one for other counties.




I don't know why it's relevant, if you're no longer pregnant.
It matters not to me, however.

The state will also assist a person in your position, or so it appears.

http://www.childsupportweb.com/cse/statepages/Missouri.php

More FAQ's:

http://4stateladylawyer.typepad.com/mofamilyanddivorcelawyer/paternity/
 
Army Judge - thank you for the time on finding those links, but most of that is about child support. I do not want to seek support since we live together. I live in Jackson County MO, which might as well be a different country from St. Louis County. I do not know how 2 places in the same state could have such different laws.

Irish223 - Those are the forms I have done. I have filed both cases the dissolution and the mother's petition for paternity. The problem is that the paperwork is not set up for couples that are still together and raising their child as a couple. The problem is on the mother's petition for paternity packet, specifically on the "Judgment of Paternity" form (3 pages long) near the end of the packet I think it starts on page 51??

I have finally found an attorney that is willing to help me with that 3 page form and what I need for it to fit my situation. She wants a minimum of $1500 before she will even see me. I know that lawyers are expensive, but that is her fee just to help me with that paperwork. Not to represent me in court, nothing else, just a flat rate of $500+/page because "Jackson County Missouri is super particular on what they will accept".

My boyfriend and I are getting a sitter next week and going to take a day to go to the Law Library together to see if someone can help us find relevant case law. We thought we might have better luck getting help if we go earlier in the day. If not the law clerk told me to come to court with what I can find and do my best and the judge will talk to me. She said that the judge will be able to give me more advise than she can. I sure hope I can find something because I need this all to be final ASAP!
 
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