Paternity Law and Procedure Handbook - Mississippi 2025

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Once the unmarried father has established his paternity, he will then have the same rights as a married father. The parties can avoid a custody battle by trying to compromise and draft their own custody agreement, which will allow them the flexibility to make their arrangement and schedule fit their unique lives.
However, getting a custody order can give you the legal right to make decisions about your child and the right to have your child live with you. If you decide not to get a custody order, then you and the other parent likely have equal rights to making decisions and living arrangements.
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 fathers legal heir.
Only a man married to the mother automatically takes on the legal role of father, ing to The Mississippi Bar. Until someone other than a husband establishes paternity through legal means, he does not have parental rights.
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.
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Parental rights: The right to seek legal and/or physical custody of your child and make decisions regarding your child subject to any court orders. Legal custody: The right to make health care, religious and education decisions regarding your child.
Paternity is a prerequisite to these parental rights. Once paternity is established, a father may pursue child custody and visitation rights. Many states offer simultaneous filing for paternity recognition and visitation and custody rights.
In Mississippi, when a couple who is not married has a child together, the mother automatically has sole custody of the child. The father can only claim those rights that he asserts. If the childs father would like to have shared custody of the child, he must establish paternity.

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