Removing the Wrong Father, and Adding the Correct Father on the Birth Certificate

[AllisonB32]

My question involves paternity law for the State of: Mississippi

I, and all parties envolved lives in the state of Mississippi. There was DNA test done with my son concerning a 1 year old, who turns out to be his son. My son's ex girlfriend always told him that the baby could not be his. She named another boy as the father, whom she dealt with shortly after she and my son broke up. She was upset with my son, and denied him a paternity test when she had the baby. A few months ago, the boy who she named as the father, who is also on the birth certificate questioned if he's the father or not. A home DNA test was done with them, but they have not given her the results, but has stopped talking to her all together, and has stopped all communicatios with her. The behavior was odd from the other boy, so she agreed to a DNA test with my son, because my son was still stating that he believed the baby was his. Well, the DNA test proved that he was right all along. The child belongs to my son.

Now's the matter of having the wrong father's name removed from the birth certificate and the child's last name changed, and my son's name added. The child is turning 1 year old this month. The mother is agreeing to the changes, and wants my son to be apart of the child's life. Where do we start?

[aardvarc]

She named another boy as the father

Actually, no...this other boy named himself as the father. Only a self-declared father or a judge can add a man's name to a birth certificate. Women don't just get to pick a name.

she.....denied him a paternity test when she had the baby

She has the right to do so. Just as he has the right to ask a court to ORDER such a test, which is what he needs to do.

Your son needs to file a paternity action in the family or probate court in the county in which the child resides. The court will order it's own DNA test, and if that test comes back positive, your son can receive a declaration of paternity from the court and get the birth certificate amended. He should also anticipate that the court will apply child support according to state guidelines. If he wants visitation with the child, he'll also need to petition the court for a visitation order. He can check the website for the Clerk of Court for the county in question - many of them offer excellent information on how these processes work and more and more of them are making the necessary paperwork available online.

[AllisonB32]

So the DNA test that was done cannot be used although it is legal test and will hold up in court? Can the mother or my son file a petition in chancery court? Can legitimation or filitation paperwork be filed with a petition with chancery court to have the wrong father's name removed from the birth certificate?

[jk]

AllisonB32;541609]So the DNA test that was done cannot be used although it is legal test and will hold up in court?

correct. There are very specific rules as to the process so just like evidence to a criminal trial, the chain of possession can be very controlled to remove the possibility of s contaminated or substituted sample. The state also uses only labs they have certified as dependable.

Can the mother or my son file a petition in chancery court?

not sure without looking but probably. The "wrong" father can also file to have that paternity disestablished as well but that would not establish your son as father.

Can legitimation or filitation paperwork be filed with a petition with chancery court to have the wrong father's name removed from the birth certificate?

the "wrong" fathers name cannot be removed until it is proven he is the wrong father. Once that happens, the BC can be amended using the court order determining him to not be the father and filing the proper paperwork with the office that maintains birth certificates.

[AllisonB32]

Thanks, and that makes a lot of sense. I do understand. I will help my son file a paternity action. I would like to do it without hiring a lawyer at this point, I mean I am a social worker for the state if you get my point. Is there a way that I can get or download the forms that I need in order to start the process?

[jk]

Offhand I do not know. You might start with looking for a website for your county (parish?). The forms should be the same across the state so if you cannot find something for your county specifically, look around a bit.

[AllisonB32]

Thanks, I hired an attorney yestetday. This is becoming a headache already. I wish there was an easier way.