Section 28.15 Pleadings

• Library: Family Law Deskbook and 2014 Supp

I. (§28.15) Pleadings

The initial pleading for a proceeding under the MoUPA is the petition. The persons filing the petition are the “plaintiffs,” and the parties against whom the action is filed are the “defendants.” The parentage proceeding may involve several causes of action. In addition to the action to establish parentage and amend the birth certificate of the child, there may be a cause of action for custody, child support, and past support and birth expenses. Because of the four distinct aspects of the parentage suit, the author suggests that the petition be drafted in four separate counts to clearly delineate each cause of action.

Generally, the first count will seek the determination of the parent-child relationship. Count I should set forth:

· the jurisdictional facts—i.e., the residence of the parties, the place and time of the sexual intercourse resulting in the conception of the child, and other facts that give rise to the court’s jurisdiction and venue;

· the child’s name, age, and date of birth;

· the place where the birth took place and is recorded;

· the name of the mother, the name of any presumed father, and the name of any alleged father; and

· the allegations of fact supporting the claim of parentage.

The prayer of count I of the petition should request the determination of the...