Lone Jack, MO asked in Family Law and Child Custody for Mississippi

Q: Can my son be seen as the father of someone elses child in Mississippi?

My son & his ex separated October 2016 and divorce was finally June 2017. She lives in Mississippi and just had a baby on February 9, 2018. She knows who the biological father is but is claiming she needs personal info from my son to remove him from the birth certificate becy they haven't been divorced over 300 days.

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1 Lawyer Answer
Arthur Calderon
PREMIUM
Answered

A: It depends. The law in Mississippi is that a child born while the parties are married is presumed to be a product of the marriage; however, given the facts, 1) there should have been a provision in the divorce decree stating that she was not pregnant, and 2) there is a question as to why his name was put on the birth certificate to begin with.

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