210.826. Determination of father and child relationship, who may bring action, when action may be brought. — 1. A child, his natural mother, a man presumed to be his father under subsection 1 of section 210.822, a man alleging himself to be a father, any person having physical or legal custody of a child for a period of more than sixty days or the family support division may bring an action at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under subsection 1 of section 210.822.
2. An action to determine the existence of the father and child relationship with respect to a child who has no presumed father under section 210.822 may be brought by the child, the mother or the person who has legal custody of the child, any person having physical or legal custody of a child for a period of more than sixty days, the family support division, the personal representative or a parent of the mother if the mother has died, a man alleging himself to be the father, or the personal representative or a parent of the alleged father if the alleged father has died or is a minor.
3. Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with subsection 2 of section 210.838, between an alleged or presumed father and the mother or child, does not bar an action under this section.
4. If an action under this section is brought before the birth of the child, all proceedings shall be stayed until after the birth, except service of process and the taking of depositions to perpetuate testimony.
5. In an action to determine the existence of the father and child relationship under this section, a notification form, as specified in this subsection, shall be attached to the delivery of the petition through service of process. The notification form shall prominently state in boldface type as follows: "Important Notice. If you do not respond to this action, a judgment of paternity may be entered against you and you may be ordered to pay child support, medical support, or reimburse someone for support previously provided for the child. You have the right to contest that you are the father of the named child and you have the right to request genetic testing to prove whether or not you are the father.".
Notes of Decisions
Cited in
34
cases (
2 in the last 5 years), 1991–2024 · leading case:
Wilson v. Cramer, 317 S.W.3d 206 (Mo. Ct. App. 2010).
Wilson v. Cramer, 317 S.W.3d 206 (Mo. Ct. App. 2010).
· cites it 18× “Section 210.826 governs who has standing to bring a paternity action.”
State Ex Rel. Div. of Child Support Enf't v. Hill, 53 S.W.3d 137 (Mo. Ct. App. 2001).
· cites it 11× “Hill’s motion on three bases: (1) the motion was time-barred under § 210.826, RSMo Supp.1988, of the Uniform Parentage Act because that statute required that an action to declare the nonexistence of the presumed father’s father-child relationship be brought no later than five…”
In Re Marriage of Fry, 108 S.W.3d 132 (Mo. Ct. App. 2003).
· cites it 15× “” Section 210.826. Where, as in the instant case, the presumption of paternity outlined in Section 210.”
Courtney Ex Rel. Courtney v. Roggy, 302 S.W.3d 141 (Mo. Ct. App. 2009).
· cites it 9× “Section 210.826 RSMo Supp.1987 previously mandated the time *149 frame in which a paternity action challenging the marital presumption was required to be filed or be subject to a statute of limitation barring such proceeding.”
In the Matter of the Adoption of E.n.c., Minor, 458 S.W.3d 387 (Mo. Ct. App. 2014).
· cites it 6× “Section 210.826 is titled, "Determination of father and child relationship, who may bring action, when action may be brought, notification to be included with petition, contents.”
Jefferson v. Jefferson, 137 S.W.3d 510 (Mo. Ct. App. 2004).
· cites it 8× “Section 210.826 states who may bring an action to determine paternity.”
Poole Truck Lines, Inc. v. Coates, 833 S.W.2d 876 (Mo. Ct. App. 1992).
· cites it 3× “See RSMo § 210.826. Rather than spur a multiplicity of litigation, the proper use of the UPA to determine paternity will limit actions to one judgment determining paternity “for all purposes.”
Smith v. Smith, 985 S.W.2d 829 (Mo. Ct. App. 1998).
· cites it 5× “Appellant claims that the rationale for § 210.826 is to encourage the creation and maintenance of a relationship between a child and father, and that this rationale is not pertinent in his case.”
State ex rel. Dep't of Soc. Servs., Fam. Support Div. v. K.L.D., 118 S.W.3d 283 (Mo. Ct. App. 2003).
· cites it 8× “On September 10, 2003, the circuit court issued an order and judgment ruling that the “Family Support Division is without standing to file” the paternity action because it “has not been granted statutory authority by the legislature to file [such] actions pursuant to § 210.826,…”
State Ex Rel. Div. of Fam. Servs. v. Brown, 897 S.W.2d 154 (Mo. Ct. App. 1995).
· cites it 4× “§ 210.826; D.M., 848 S.W.2d at 586-87 . However, Appellant does not attack the judgment on the ground that the action was not brought by DCSE.”
W.B. ex rel. M.E.R. v. M.G.R., 955 S.W.2d 935 (Mo. 1997).
· cites it 8× “2 Section 210.826 permits a man presumed to be a father under the act to bring an action to determine the existence or nonexistence of his parental relationship 'with a child.”
— Mo. Rev. Stat. § 210.826(2) — 4 cases
Jefferson v. Jefferson, 137 S.W.3d 510 (Mo. Ct. App. 2004).
“Section 210.826 states who may bring an action to determine paternity.”
In the Matter of the Adoption of E.n.c., Minor, 458 S.W.3d 387 (Mo. Ct. App. 2014).
“Section 210.826 is titled, "Determination of father and child relationship, who may bring action, when action may be brought, notification to be included with petition, contents.”
W.B. ex rel. M.E.R. v. M.G.R., 955 S.W.2d 935 (Mo. 1997).
“2 Section 210.826 permits a man presumed to be a father under the act to bring an action to determine the existence or nonexistence of his parental relationship 'with a child.”
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