How Long Does a Father Have To Establish Paternity in MISSISSIPPI

Paternity can be legally established in Mississippi until the child reaches 21 years of age. When paternity is established before the child turns 18, child support and visitation rights may apply.

Who Can Start the Process?

The mother, potential father, or a legal representative of the child may initiate the paternity establishment process. The main methods include:

• Signing a voluntary Acknowledgment of Paternity (AOP) form.
• Genetic testing.
• Filing court proceedings.

How to Establish Paternity in Mississippi

For Married Couples

• Paternity is automatically established when the parents are married at the time of the child’s birth.
• No further action is necessary.

For Unmarried Parents

Unmarried parents can establish paternity through one of two methods:

1. Voluntary Acknowledgment of Paternity (AOP)
   • Both parents can sign the AOP form, usually at the hospital after birth or later at the local registrar or paternity registry office.
   • The AOP is legally binding once signed and filed with the Mississippi State Department of Health, Office of Vital Records.
   • Signing this form establishes legal paternity without court involvement.
2. Court Petition
   • If the parents disagree about paternity, either parent can file a petition with Family Court.
   • After the court accepts the petition and schedules a hearing, a judge may order genetic testing to determine paternity.

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Time Limits and Legal Effects

• The alleged father has until the child’s 21st birthday to establish paternity.
• If paternity is established before the child turns 18:
  • The father is required to pay child support.
  • The father may receive visitation rights.
• After age 18, child support and visitation rights typically no longer apply.

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Presumption of Paternity in Mississippi

A man is presumed to be the legal father if:

• He is married to the mother when the child is born.
• The child is born within 300 days after the marriage ends.

This presumption applies even if the husband is not the biological father.

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What You Need to Know Before Signing an Acknowledgment of Paternity

Before signing the AOP form (at a hospital or child support office), both parents must:

• Receive written and oral information about:
  • Available alternatives.
  • Legal rights and responsibilities.
  • Consequences of signing the document.
• Have the opportunity to review all information privately, without the other parent present.
• If under 18 years old, have time to consult with an adult before signing.

Important: After signing, the AOP is legally binding and no further court action is required to establish paternity.

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Can Paternity Establishment Be Rescinded in Mississippi?

Yes, but only under specific conditions:

• The action must be filed within one year after signing the AOP.
• Both mother and presumed father must sign a Rescission of Acknowledgment of Paternity affidavit with the Mississippi Department of Health, Vital Records, for it to take effect.

Note: Once the mother has signed an AOP, she cannot rescind paternity unilaterally.

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Establishing Joint Legal Custody for Unmarried Parents

Custody Types

• Physical Custody: Determines where the child lives.
• Legal Custody: Determines decision-making authority over education, healthcare, religion, and access to records.

Default Custody Status

• The mother automatically has physical custody unless a court orders otherwise.
• The mother has sole legal custody by default.

Requirements for Joint Legal Custody

Unmarried parents must:

1. Complete an AOP form.
2. Obtain genetic test results from an accredited laboratory confirming biological paternity.

Important:

• If genetic testing proves that the man who signed the acknowledgment is not the biological father, he remains the legal father unless joint custody is voided by court order.
• The mother retains sole legal custody in such cases.

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Benefits of Establishing Paternity in Mississippi

For the Child

• Financial support from both parents.
• Access to father’s health insurance.
• Inheritance rights through the father.
• Access to father’s family medical history.
• Eligibility for Social Security benefits.

For Parental Rights

• Both parents participate in child-naming decisions.
• Father gains legal recognition.
• Establishes a foundation for custody arrangements and visitation rights.

For Legal Implications

• Enables enforcement of child support.
• Creates legal basis for parental responsibilities.
• Protects father’s right to involvement in the child’s life.
• Provides documentation needed for government benefits.

Note: Married fathers do not need to establish paternity because they are presumed legal fathers if married when the child is conceived or born.

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How to Get a Court-Ordered Paternity Test in Mississippi?

Paternity can be established through:

1. Court Process: Filing a petition requesting a court-ordered DNA test.
2. Mutual Agreement: Both parents agree to testing without court involvement.

Requirements:

• Only tests performed by our partner AABB-accredited laboratory will be recognized for legal use in court.
• Test results establish biological relationships accepted by Family Court in Mississippi.

Why Choose Secure DNA Tests Mississippi?

Secure DNA Tests Mississippi offers:

• Personalized service tailored to your needs.
• Partnerships with AABB-accredited laboratories nationwide.
• Trusted by family law attorneys, courts, and medical professionals.

For reliable and accurate DNA testing services, call Secure DNA Tests Mississippi at 888-970-4211 to get started today.

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Do I Need a Lawyer for a Court-Ordered Paternity Test?

No. Either parent can file a paternity petition with Family Court without a lawyer. The judge may order DNA testing to confirm paternity.

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Does Signing a Birth Certificate Establish Paternity?

No. Unmarried parents in Mississippi establish legal paternity by signing a Voluntary Acknowledgment of Paternity (AOP) form. The form gets filed with the Mississippi Department of Vital Records.

The signed AOP establishes paternity. This allows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers.

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