Fortunately, in Mississippi, a third-party can sue to prove paternity. The man who believes himself to be the biological father can sue in either the chancery, circuit, or county court in the county where the mother or child resides. (Note that this procedure is for intrastate cases; in interstate cases, the procedures in the Uniform Child Custody Jurisdiction & Enforcement Act would have to be followed).

While the possible father may give testimony and call witnesses establishing that he had a sexual relationship with the mother around the time of conception, the best course of action is probably to move the court for a DNA test. Such a test must be performed by a facility that is approved by the Mississippi Department of Health. While it is up to the judge to decide how to divide the costs associated with the test, it has been my experience that the judge usually requires the person requesting the test to pay for the test.

If the DNA test shows a 98% or greater chance of paternity, then there is a rebuttable presumption of paternity.

Should paternity be proven to a preponderance of the evidence, then the court may enter an order of filiation, that is, an order establishing paternity. If this is done, you should also expect the court to order the biological father to pay child support, including up to one year of back child support.

Do you know of someone who had to sue to prove they were a child’s father? What was their experience? Leave a comment and let me know.

Photo credit: Steve Heath