Mississippi Instruction to Jury in a Paternity as to the Average Period of Gestation

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The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.

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FAQ

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.

Mississippi law does allow the use of blood or genetic testing to determine the probability of paternity. While the test does not provide definite answers, if the calculation that the probability of fatherhood is at least 98 percent, the court will presume paternity.

Establishing paternity must be done through a court order, which will also determine custody and/or visitation rights, as well as additional parental responsibilities, based on what's in the best interest of the child. If an unwed father is not listed on the birth certificate, he has no legal rights to the child.

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.

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.

In Mississippi, the Putative Father Registry (PFR) is a tool available for men who believe they may have fathered a child out of wedlock. The registry is a legal document that allows a man to claim parental rights and be notified of any legal proceedings related to the child.

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Mississippi Instruction to Jury in a Paternity as to the Average Period of Gestation