Fathers are not always clear about what rights and legal protections they enjoy. If they are not aware of their rights, they may struggle to make use of them when something unexpected happens.
Divorce, break-ups and even the death of a partner could lead to a man needing to assert his parental rights. Fathers generally need to establish paternity to ask for shared custody or visitation rights. There are three common ways that fathers in Mississippi affirm their parentage to make use of their parental rights and responsibilities.
What must a man do to have the state recognize him as the father of his child?
1. Marry the mother
Married men in Mississippi benefit from a presumption of paternity. Unless tests show otherwise, the state generally assumes that the husband of a mother is the father of her child. Married men can have their names automatically included on the birth certificates of their children.
2. Fill out cooperative paperwork
Many unmarried couples are in committed relationships. Even parents who are no longer with one another may agree to work cooperatively for the benefit of their children. Unmarried fathers can fill out an Acknowledgment of Paternity affidavit with the mothers of their children.
3. Request genetic testing
In some cases, conflict with the mother of a child may prevent a man from amicably establishing his paternity. Other times, there may be legitimate questions about who actually fathered the child. In such cases, the courts can order paternity testing. If the test affirms a man’s genetic relationship to the child, he can then make use of his parental rights.
Legally establishing paternity sometimes requires proceedings in family court. Fathers who want to do right by their children may need assistance as they seek to formally establish paternity with the state, and that’s okay.
