Parents have legal rights to make decisions about their child or children, which is called child custody. There are times when a court will issue a child custody order that outlines each parent’s responsibilities related to their children, including where they will mostly live.
There are many courts that favor joint custody orders, which attempt to preserve the children’s relationships with both of their parents. In some cases, one parent, called the custodial parent, will be awarded most of the rights over the child.
The other parent will then be referred to as the noncustodial parent. This parent will typically receive visitation rights and may be required to pay the custodial parent-child support.
A custodial parent is the parent who is responsible for the daily care of a child and for making decisions that involve their:
- Religious indoctrination
- Healthcare
- Education
- Other decisions
The parent who is deemed to be the noncustodial parent will likely be awarded visitation rights. They may also be ordered to pay child support to the custodial parent.
In Mississippi, as in many other states, unmarried birth mothers automatically receive sole custody of their children. Once a father of a child establishes paternity, they will then also have legal rights over the child.
Paternity is easily established when the father’s name is put on the child’s birth certificate at their birth. This gives the father the ability to petition the court for custody and visitation rights.
Any type of legal decision that is made about a child by a court, including visitation and custody, will be made pursuant to the child’s best interest standard. This rule states that what is considered to be best for the child will be what is ordered, even if it conflicts with the desires of the parents.
What Rights Do Unmarried Fathers Have in Mississippi?
Unmarried biological fathers will have different rights depending on their classifications, which may include:
- Putative father
- Unmarried father
- Presumed father
Putative father
The putative, or alleged father, is a man who claims that he is the child’s biological father but has not yet established paternity.
Unmarried father
Paternity laws will usually treat an unmarried father differently than a married father. An unmarried father is usually defined as a child’s biological parent who was not married at the time they were born.
An unmarried father has to put his name on the child’s birth certificate when they are born or complete an acknowledgment of paternity form to establish his legal rights as the child’s father. Once the unmarried father has been established as the child’s father, they will be subject to all of the legal obligations related to caring for the child, which includes paying child support.
Presumed father
The presumed father is an individual who is considered to most likely be the child’s father based on specific conditions, such as:
- The husband of a marriage will be considered the presumed father if a child was born during or right after a divorce
- If the presumed father acknowledged his paternity
- If the presumed father treats the child as though it is his own, such as raising it in his own home
If parents are not married and paternity has been established, the mother and the father will have equal legal rights unless a court has ordered otherwise. If the mother is able to demonstrate that the father does pose a serious risk of harm to the child, a court may order the father to have supervised visitation or may give sole custody to the child’s mother.
If an individual resides in Mississippi and they have any questions about their parental status, they should consult with a local attorney in Mississippi for a legal consultation.
Can a Mother Keep a Child Away from the Father in Mississippi?
In general, a mother cannot keep a father away from their child unless the father has been deemed unfit. The law provides fathers who have established paternity with legally protected rights to participate in their children’s lives, including having custody and visitation rights.
As noted above, a mother will most likely only be able to keep a child away from their father if the father is deemed unfit due to issues such as substance abuse, physical abuse, or other similar problems.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
The child custody laws for unmarried parents are different in every state. Due to this issue, it is important to reach out to a local lawyer to determine the details of the laws that will apply to an individual’s situation. Typically, however, courts will order joint or shared custody when possible.
If one parent is named as the custodial parent, it is very unusual for the other parent not to be awarded any type of visitation rights. This will only happen if one of the issues noted above exists in the case.
If paternity is an issue in the case, the father may petition the family court to have his paternity established. This is not necessary when the father’s name is on the child’s birth certificate.
If it is not, however, a simple DNA test can be used to determine paternity. Once the unmarried father has established his paternity, he will then have the same rights as a married father.
The parties can avoid a custody battle by trying to compromise and draft their own custody agreement, which will allow them the flexibility to make their arrangement and schedule fit their unique lives. If the parents can come to an agreement, it will be submitted to the court for approval using the child’s best interests standard.
Each parent should have their own attorney during any type of custody case, including when they are trying to reach a custody agreement. An attorney can protect each parent’s rights while ensuring they understand the consequences of any child custody decisions they make.
What Are Some Other Issues That Unmarried Parents May Experience?
Unmarried parents can also face other issues aside from the ones previously discussed. For example, only one of the parents can claim their child on their income taxes each year.
There are also other tax issues related to child support. These payments are not taxed as income, and the paying parent cannot deduct them from their income taxes.
Child support itself is often a major issue. A custodial parent is legally entitled to receive child support from the noncustodial parent, even when the parents are not married, to help care for the child.
Do I Need an Attorney for Child Custody Between Unmarried Parents?
You might be an unmarried parent in Mississippi. If so, it is very important to reach out to a Mississippi child custody lawyer if you have any issues, questions, or concerns related to child custody. Your child’s best interests will always be considered before your desires.
Your attorney can advise you of the laws in Mississippi, how a court will likely rule on your case, and ensure your parental rights are protected. LegalMatch is an excellent place to find a Mississippi custody lawyer from the database of pre-screened member lawyers.
All you have to do is submit your question for free on the LegalMatch website and wait about 24 hours for responses from lawyers in your area ready to help. Having a lawyer can help you have peace of mind that your case is handled correctly and efficiently during what can be a very stressful experience.
