Section 28.11 Parties

• Library: Family Law Deskbook and 2014 Supp

E. (§28.11) Parties

As with any lawsuit, it is essential that all necessary parties be joined to the action to establish parentage. In a parentage action, the overlapping interests and long-standing consequences of the determination make it particularly important that all the required parties be brought into the case. Failure to join a necessary party will produce a decree that may not be final on all aspects of parentage or binding on all persons. S.__ v. S.__, 595 S.W.2d 357 (Mo. App. W.D. 1980). Section 210.830, RSMo 2000, details the necessary parties to a parentage action under the MoUPA. “[E]ach man presumed to be the father under section 210.822, and each man alleged to be the natural father, shall be made parties . . . .” Id.

The presumption that the husband is the father of a child born to his wife during the marriage establishes certain rights in this legal father. In re C__W__B__, 578 S.W.2d 610 (Mo. App. S.D. 1979). In any action in which the paternity of a child born during a marriage or attempted marriage is in issue, the husband of the natural mother must be made a party for there to be a full and complete adjudication of all interests. Amber B. v. Leland S., 592 S.W.2d 201 (Mo. App. E.D. 1979); J.M.L. v. C.L., 536 S.W.2d 944 (Mo. App. E.D. 1976). Section 210.830 provides that, if the mother, a man presumed to be the father, or a man alleged to be the father is beyond the jurisdiction of the court, that party must at least be given notice of the action and an opportunity to be heard.

The child is also a necessary party to the parentage action. Section 210.830. While the MoUPA provides that a next friend may be appointed for a child, Rule 52.02(b) and (f) mandates the appointment of a next friend if the child is aligned as a plaintiff, S.J.V. ex rel. Blank v. Voshage, 860 S.W.2d 802 (Mo. App. E.D. 1993), and the appointment of a GAL (guardian ad litem) if the child is named as defendant, Lechner v. Whitesell ex rel. Whitesell, 811 S.W.2d 859 (Mo...