What could happen if my husband is not my child's biological father but is on the birth certificate?

01/09/2007 - Paternity - State: MS #257

Full Question:

I have been married 5 yrs. Two and one-half years ago my husband and I were going to separate and I had a brief affair. I found out that I was pregnant and told both my husband and the other man. The other man hung up on me and refused to speak to me even after I sent him two certified letters. My child was born and the other man has had nothing to do with my child for over a year and a half. I was wondering if he could still try to get rights or not. My husband is listed on the birth certificate.

Answer:

Mississippi law presumes that a child born to a husband and wife is the natural offspring of the couple. Paternity is presumed until proven otherwise in court. For a child conceived out of wedlock during the marriage, the law still recognizes the husband as the legal father who has parental rights and responsibilities to the child.

The alleged father or the minor child may file a complaint for establishing paternity. This filing must occur before the child reaches 18 years of age. If the court rules the man as the father, he is the biological and legal father. With the legal designation comes certain rights and responsibilities. He may sue for custody or visitation rights, but he may also be responsible for child support. The court may also declare the child as the father's legal heir.



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01/09/2007 - Category: Paternity - State: MS #257

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