The reason that the trial was recessed in the first place was to establish paternity of the couple’s chlid. That just goes to show that the issue of paternity can come up in a variety of situations. For example, the court may be asked to decide the paternity of a child  in a divorce, in a child support hearing brought by DHS, or in an action by the mother, the child, the legal father , or the biological father.

Historically, there is a presumption that a child that was born during marriage is the child of the husband. That presumption may be rebutted by proof beyond a reasonable doubt. Thanks to the advent of genetic testing, that is much easier to do now than ever before.

Unlike most of the court actions I write about here, a paternity action can take place in many different venues. It can take place in the county where the father lives or where he has property, or where the mother or the child resides. What also sets it apart is that I usually write about actions that take place in chancery court. A paternity action can take place in county court, circuit court, or chancery court. (Surprisingly, though, not in youth court).

Without going too far in depth, the actual procedure is rather simple. Once a complaint to establish paternity is filed, a court will likely appoint a guardian ad litem for the child (The statute gives the court discretion, but the supreme court thinks it is wise for a trial court to do so.). A DNA test must be performed at a facility that is approved by the Mississippi Department of Human Services, and the results should be back within two weeks.

If the test shows a 98% chance or more that the putative father is the biological father, then a  presumption arises. This may be rebutted by proving by the preponderance of the evidence that the test was incorrect.

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Of course, there’s a reason they’re offering the free test.The state is paying the expenses because officials want to increase child support collections by the end of this month, when the federal budget year wraps up. Before child support can be ordered, a father must either admit paternity or a test must prove it.

If you are interested in this free testing—remember, it’s during September 2009 only—contact your local office of the Mississippi Department of Human Services.

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