Section 9.31 Custody and Visitation Rights of Illegitimate Children

• Library: Family Law Deskbook and 2014 Supp

XII. (§9.31) Custody and Visitation Rights of Illegitimate Children

When awarding custody of a child born out of wedlock, the best interest of the child is the controlling factor for the court. Mildred v. Darryl, 743 S.W.2d 111 (Mo. App. W.D. 1988). In determining issues related to custody in a paternity action, the circuit court must consider statutory factors, just as it would in a dissolution of marriage action. Lampe v. Rust, 190 S.W.3d 631 (Mo. App. W.D. 2006).

Gender is no longer a factor that can be considered by the courts. In In re Marriage of V__A__E__, 873 S.W.2d 262 (Mo. App. S.D. 1994), the mother was awarded custody even though there was evidence that she had an affair, became pregnant, and gave birth to her paramour’s child following her separation from her husband. The husband alleged that awarding custody to the...