Legal Question in Family Law in Mississippi

My brother has a child with a woman that he was not married to. At the time of the child's birth, he signed everything and the child was given his last name. He has been raising and supporting this child for two years. They recently separated and now she is claiming that he is not the father and saying that she will be getting a DNA test to prove this. If the DNA test proves that he is not the father, she is saying that she will take his name off of the birth certificate and take away all of his rights to the child. My brother does not want this, regardless of the results of the test. He wants to legally stay the child's father and continue to be a part of his life and financially support him. Can she legally take away his rights to the child?


Asked on 4/22/11, 10:31 am

1 Answer from Attorneys
Albert Pettigrew Law Offices Ph 228-875-8736

Probably not if the father has proof of his close relationship with and support of the child, and has means to litigate the matter. The Miss Supreme Court favors the father who provides nurture, food, clothing, and shelter over the biological father, and protects the nurturing father from termination of parental rights.

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Answered on 4/27/11, 1:25 pm


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