Paternity

When a woman gives birth to a child outside of marriage, technically, the child is considered illegitimate as a matter of law. The prescribed legal method for legitimatizing the child is a paternity suit. Mississippi has adopted The Uniform Law on Paternity. Even men can file paternity suits against the mother. These are sometimes referred to as “reverse paternity suits.” When a paternity suit is filed, either party has the right to request a DNA genetic test. This usually involves a swab of the mouths of child, mother, and alleged father. It is done by a licensed expert in this field. The DNA of each person is typecast and then compared, one to the other, using accepted scientific methods. If the DNA indicates paternity by a high percentage set by law, then it is presumed the alleged father is in fact the father. The father then has a right to request a second DNA test at his expense. Payment for the first test is assigned by the court. Sometimes the court requires the party requesting the DNA test to pay and sometimes the court splits the cost between the parties. Normally, the prevailing party is reimbursed by the other party for his or her DNA test costs, per court order. If paternity is established then the court moves to the next stage which is to award child custody and to establish child support, provision of health insurance and related matters. (See Child Support). The father is certainly entitled to seek child custody and many times they do. The law holds that both men and women are to stand equal before the court. Child custody is determined according to legal factors. (See Child Custody). Paternity can even be established after the death of the alleged father but there are certain time limitations on filing such suit.

At the Law Offices of John R. Reeves, PC, we handle paternity suits. We know the law and we know how to present your paternity case to the court to maximize your position. We will represent you whether you are the mother or father. John R. Reeves prepares each paternity case carefully for court.

This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.