M.M.A. v. L.L.Annotate this Case
During Petitioner's relationship with Mother, Mother gave birth to a son (Child). Although Petitioner was not listed on Child's birth certificate, Petitioner acted as Child's father. After the relationship between Petitioner and Mother soured, Petitioner took a DNA test that indicated he was not Child's biological father. Petitioner subsequently filed an amended petition alleging that Mother and the unknown biological father were unfit parents and sought a declaration of paternity, custody and visitation, and for equitable relief. The circuit court dismissed the petition based upon Petitioner's failure to put forth a theory under which Child's custody could be determined properly. The Supreme Court reversed and remanded, holding that Petitioner sufficiently alleged the elements necessary under Mo. Rev. Stat. 452.375.5(5)(a) to establish third-party custody.