Before you can secure visitation and seek physical or legal custody of your child, you have to act to secure your father’s rights. This is no small thing given the enormous benefit an active father can have on a child’s life. In fact, studies have shown that children who have an active father in their life tend to develop higher IQ scores, experience higher self-esteem, avoid risky behaviors, develop healthier relationships and even increase their chances of securing higher paying jobs. So, if you’re thinking about becoming part of your child’s life, don’t hesitate because you think that your presence won’t be meaningful.
But how do you go about securing your father’s rights? It’ll require some legal maneuvering on your part, but we hope that this post will provide you with the information that you need to get started.
The first step in securing your father’s rights is by establishing paternity. Mississippi law provides two ways to do this. The first is to execute a paternity affidavit with the child’s mother. This affidavit conclusively establishes your paternity and can only be rescinded under very specific circumstances. A second way is through a paternity decree issued by the court. To secure this order, you may have to present evidence that you are in fact the child’s biological father, such as DNA test results. If the child was born during marriage, then the husband is presumed to be the child’s father.
Once paternity is established, you can act on your father’s rights. What does that mean and how do you go about protecting your interests?
Acting on your father’s rights
Once paternity is established, you can either try to work out a visitation arrangement with your child’s other parent or seek court-ordered visitation. If your child is older and you haven’t seen them in a long time, then the other parent and the court may want to limit the amount of time you get to spend with your child until you can demonstrate a strong relationship and bond with your child. That said, there are parenting time guidelines that should ensure that you have meaningful contact with your child.
If at some point after the issuance of an initial custody order you believe that the current custody arrangement is contrary to your child’s best interests, then you might want to think about seeking a custody modification. To be successful here, you’ll need evidence that demonstrates how your proposed custody arrangement supports your child’s best interests. This is a broad standard, so be creative in how you present your case, and be diligent and thorough in gathering the evidence needed to bolster your position.
If you want to be a meaningful part of your child’s life, then you have to act to secure your father’s rights. We know that can be stressful to think about, especially if your child’s mother is trying to keep you from seeing your kid. But this isn’t a process that you have to blindly navigate. Knowledge is power in family law matters, so it’s wise to learn as much as you can about the process and what you can do to position yourself for success.
If you want to find the best way to develop your arguments for paternity establishment, visitation and custody, then now is the time to read through our blog, our website and any other resources that you may find beneficial.