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What is Legitimation?

In Mississippi, if a child is born out of wedlock, the father must file a legitimation action to legally establish a relationship with his child. Even if the father’s name is on the birth certificate, a legitimation action will be necessary if the child was born out of wedlock. This often includes custody, visitation and decision making abilities for the father. Once a child is legitimated, the father’s rights to his child are legally recognized.



How Do I Legitimate My Child?

In the state of Mississippi, it is essential for unwed fathers to establish paternity through a process known as a legitimation action, which must be conducted with the consent of the child's mother. This legal procedure not only recognizes the father's rights but also affirms his place in the child's life. In instances where there is a disagreement regarding paternity or legitimacy, the father can take further action by filing a Petition for Legitimation. This petition will lead to a court hearing that is dedicated to determining what is in the best interests of the child. It is important to note that going through the legal legitimization process is crucial for fathers looking to secure their paternal rights and responsibilities. By doing so, they can ensure that they are granted the ability to partake actively in their child's upbringing and make significant decisions regarding their welfare.


Does Legitimation really matter?


In Mississippi, mothers of children born out of wedlock maintain sole physical and legal custody until fathers take steps to legitimate their status. By legitimating themselves, fathers can establish a formal relationship with their child, enabling them to seek visitation rights, make important decisions concerning the child's welfare, and pursue custody. Legal recognition benefits both the father and child, fostering a more stable family dynamic and ensuring the father’s active role in parenting. It's crucial for fathers to understand these steps to promote their involvement and rights in their child's life.


What is Paternity?


Custodial mothers often initiate actions to establish paternity primarily to secure child support. While these actions focus on confirming biological parentage, they do not inherently grant custodial rights to fathers. If fathers wish to address custody matters, they must raise the issue during the paternity proceedings. This can lead to discussions about both financial responsibilities and parenting roles, ensuring that the best interests of the child are considered in the legal process.