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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. A man who wants custody or visitation rights and responsibilities must establish paternity.
(1) Paternity may be determined upon the petition of the mother, or father, the child or any public authority chargeable by law with the support of the child; provided that such an adjudication after the death of the defendant must be made only upon clear and convincing evidence.
Sometimes, one of the parties does not want to participate in the paternity test. In that case, all of the three parties involved ? mother, alleged father or child ? have the right to file a complaint with the court in order to establish possible paternity. However, it must be before the child turns 18.
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 child's father would like to have shared custody of the child, he must establish paternity.
A Simple Acknowledgment of Paternity (ASAP) is a voluntary form, often completed at the hospital. It is signed by both the mother and the father and gets filed with the birth certificate. The father's name will be added to the birth certificate, and in most cases, the child's last name will be the same as the father's.
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.
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.