Full question:
A couple living together had a baby and at her birth requested that they be able to legitimize her by filling out the paperwork necessary and entering the father's name on the birth certificate. After a period of time their relationship fell apart and both wanted custody of the child. The baby had the father's last name and there was no issure of paternity. Since the Human Services Department had no part in determining paternity except to provide the paperwork for legitimizing the baby's birth, what court would have jurisdiction?
- Category: Paternity
- Date:
- State: National
Answer:
A child custody action in Mississippi is filed in the chancery court in the county where the child resides, the county of the party with actual custody, or the county where the defendant lives. If the complaint involves enforcing the father's obligations, such as support, it can be brought in the county court, circuit court, or chancery court where the alleged father is present or has property, where the mother resides, or where the child lives. If the alleged father is domiciled in Mississippi, he can file a motion within thirty days to move the action to his county. If he does not file this motion, the case will remain in the original county where it was filed.
Mississippi law (Miss. Code § 93-11-65) gives the chancery court jurisdiction to handle custody, care, support, and maintenance of minor children. Proceedings can be initiated by any party, regardless of custody status. The court considers the child's best interests, including the preferences of children aged twelve or older. The court must document the reasons for its custody decisions.
For paternity and support issues, the county court, circuit court, or chancery court can also handle cases under Mississippi law (Miss. Code § 93-9-15). The defendant must respond in the court where the action began, and the court has ongoing authority to modify orders related to support and custody.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.