Legal Question in Family Law in Mississippi

Out-of-state dad's rights for visits

I have a 10 wk old son who is living w/ me in ID.His dad lives in MS.He left when baby was 5 wks old and dad and I were never married.I am wondering what kind of visitation does he have the right to?I don't want to deny my son or his father of being together for visits, but I am also affraid of the dad or maybe his fam(who live in ID)taking baby.I don't think they would, but you never know.I don't feel comfortable w/ dad taking baby to MS for long visits w/o me, but can he if he wants to?Also he is planning to come and visit in ID for xmas, so does he have the right to take baby (w/o me) to his family functions?His family and I get along well and I take baby to see them offten.Dad and I have a good relationship also, so would I be out of line if I took baby over myself and stayed at the function?It might be akward but could I request that?


Asked on 8/16/02, 4:23 pm

2 Answers from Attorneys
Gass Timothy Gass Law Office

Re: Out-of-state dad's rights for visits

You need to immediately file a petition for Paternity and get an order for child support and an order granting you custody. Once this order is in effect, if he leaves or fails to return the child he can be prosecuted for parental kidnapping. Getting a paternity decree protects against this

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Answered on 8/19/02, 7:34 pm
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Out-of-state dad's rights for visits

If the father's name is on the birth certificate, the police will not assist you in recovering your child until a court order is in place. The best thing to do is formalize the relationship by entering an agreed judgment with the father establishing paternity, paramount custody, and liberal visitation rights for the father. This needs to be done as a matter of course while everybody is on good terms. Therefore, you need to consult with the father to learn what visitation arrangements he wants for himself and his parents. Then work with an attorney in your home town as soon as possible to have the papers drawn. Finally, try to make it a collaborative effort so everybody feels like the result is the best arrangement for the child under the circumstances.

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Answered on 8/17/02, 10:23 pm


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