Court Ordered DNA Testing?

[Just Blue]

Just a slight correction for MS.

MS doesn't have "parenting schedules."

MS also doesn't do joint physical custody. One parent must have physical, the other parent usually gets joint legal custody and standard visitation. Standard visitation is this state is every other weekend, every other holiday, and 6 weeks in the summer.

OP, Your son can plan to pay 14% of his adjusted gross income, which is gross minus taxes minus mandetory deductions for retirement and insurance.

Also, your son will be ordered to provide health insurance on the child, if it is available at a reasonable cost through his employer. MS Code defines reasonable as 5% of his AGI.

Your son needs to file a Complaint for Determination of Paternity and Establishment of Custody, Support, and Visitation. This will need to be filed at the Chancery Court for your county.

Your son also needs to prepare a Rule 81 Summons To A Date Certain. Before he files his complaint, he'll need to contact the court administrator for that county's Chancery Court and set the court date.

After filing the Rule 81 Summons and Complaint, he will need to have it served to her. If she also lives in MS, he will need to get person service on her. The Sheriff's Dept. will do it for $25. Or you can use a private individual. It can be any individual over the age of 21 who is not a party to the action. Make sure they complete a service return to be filed with the court.

What county are you in?

What a informative posting from the "buttcrack" man!!!

Seriously...Good job.

 

[beder]

Court Ordered DNA test?

We live in Warren County. She lives in Forrest County.

 

[2Mistakes]

Does the child live with her in Forest County? If so, the action will need to be filed in Forest County.

I'm assuming she lives in Hattiesburg, or the surrounding area?

 

[LdiJ]

My advice is for your son to get an attorney if it won't break the family bank to hire one. In the end, it will get things decided/established much more quickly and smoothly.

 

[Ohiogal]

Child Support is not an issue. He, (we), just want to know if there is a child out there who belongs to us.

So, will the state provide this or do we need to retain an attorney? The rumor is that the child is being supported by welfare...

WE do not have a child nor does the child BELONG to "US". And the state will NOT provide him with an attorney.

 

[Ohiogal]

What a informative posting from the "buttcrack" man!!!

Seriously...Good job.

Too bad according to the statutes 2Mistakes is WRONG!
Mississippi does do JOINT custody.

93-5-24. Types of custody awarded by court; joint custody; no presumption in favor of maternal custody; access to information pertaining to child by noncustodial parent; restrictions on custody by parent with history of perpetrating family violence; rebuttable presumption that such custody is not in the best interest of the child; factors in reaching determinations; visitation orders.
(1) Custody shall be awarded as follows according to the best interests of the child:

(a) Physical and legal custody to both parents jointly pursuant to subsections (2) through (7).

(b) Physical custody to both parents jointly pursuant to subsections (2) through (7) and legal custody to either parent.

(c) Legal custody to both parents jointly pursuant to subsections (2) through (7) and physical custody to either parent.

(d) Physical and legal custody to either parent.

(e) Upon a finding by the court that both of the parents of the child have abandoned or deserted such child or that both such parents are mentally, morally or otherwise unfit to rear and train the child the court may award physical and legal custody to:

(i) The person in whose home the child has been living in a wholesome and stable environment; or

(ii) Physical and legal custody to any other person deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

In making an order for custody to either parent or to both parents jointly, the court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.

(2) Joint custody may be awarded where irreconcilable differences is the ground for divorce, in the discretion of the court, upon application of both parents.

(3) In other cases, joint custody may be awarded, in the discretion of the court, upon application of one or both parents.

(4) There shall be a presumption that joint custody is in the best interest of a minor child where both parents have agreed to an award of joint custody.

(5) (a) For the purposes of this section, "joint custody" means joint physical and legal custody.

(b) For the purposes of this section, "physical custody" means those periods of time in which a child resides with or is under the care and supervision of one (1) of the parents.

(c) For the purposes of this section, "joint physical custody" means that each of the parents shall have significant periods of physical custody. Joint physical custody shall be shared by the parents in such a way so as to assure a child of frequent and continuing contact with both parents.

(d) For the purposes of this section, "legal custody" means the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child.

I can continue as well. But 2Mistakes needs to REMOVE his posting regarding joint custody or I will remove it for him. I can post more except it won't fit on this posting.

 

[Ohiogal]

Continuation of the statute regarding JOINT CUSTODY IN MS

(e) For the purposes of this section, "joint legal custody" means that the parents or parties share the decision-making rights, the responsibilities and the authority relating to the health, education and welfare of a child. An award of joint legal custody obligates the parties to exchange information concerning the health, education and welfare of the minor child, and to confer with one another in the exercise of decision-making rights, responsibilities and authority.

An award of joint physical and legal custody obligates the parties to exchange information concerning the health, education and welfare of the minor child, and unless allocated, apportioned or decreed, the parents or parties shall confer with one another in the exercise of decision-making rights, responsibilities and authority.

(6) Any order for joint custody may be modified or terminated upon the petition of both parents or upon the petition of one (1) parent showing that a material change in circumstances has occurred.

(7) There shall be no presumption that it is in the best interest of a child that a mother be awarded either legal or physical custody.

 

[Just Blue]

Too bad according to the statutes 2Mistakes is WRONG!
Mississippi does do JOINT custody.


I can continue as well. But 2Mistakes needs to REMOVE his posting regarding joint custody or I will remove it for him. I can post more except it won't fit on this posting.

I guess I was precipitous in my praise....

 

[2Mistakes]

I can tell you from personal experience that the 6 Chancellors in Harrison County, MS will NOT sign a custody order with joint physical custody in it.

You can consult with any family law attorney in Harrison County, and they will tell you this.

 

[2Mistakes]

Actually, there are no longer 6 Chancellors. There are now only 4. 1 went to prison for accepting bribes, and the other quit.

Anyways, the 4 Chancellors in Harrison County will not sign an order with joint physical custody. Period. And any attorney down here will tell you that.

 

[2Mistakes]

Let me apologize if I posted inncorrect information. I did not reach the custody statutes before I posted.

I posted strictly from what I was told by several attorneys when I was going through my divorce.

OP, your son really should see an attorney. The MS Code contradicts the legal advice I was given by several attorneys, which I turn posted b/c I expect attorneys to give me correct legal advice.

 

[OhReally?]

This very issue was the cortex of the Anna Nicole Paternity. She refused to name the father and would not allow the child to be tested to see who the genetic father was.

I've yet to see or hear of an american court case where the courts ordered it out of interest for the person. Most times there has to be a medical reason or some monetary reason to seek identification of the genetic parent. I'd be interested to hear others response as it seems uncommon that someone steps up to the plate voluntarily on a matter that is life changing.

And it's because of posts like this, we really need a "banging head against wall" emoticon. You obviously don't realize that the Anna Nicole saga was not in THIS country.

 

[Ohiogal]

Actually, there are no longer 6 Chancellors. There are now only 4. 1 went to prison for accepting bribes, and the other quit.

Anyways, the 4 Chancellors in Harrison County will not sign an order with joint physical custody. Period. And any attorney down here will tell you that.

Then the Chancellors have issues and are NOT following the law.

 

[Ohiogal]

Let me apologize if I posted inncorrect information. I did not reach the custody statutes before I posted.

I posted strictly from what I was told by several attorneys when I was going through my divorce.

OP, your son really should see an attorney. The MS Code contradicts the legal advice I was given by several attorneys, which I turn posted b/c I expect attorneys to give me correct legal advice.

Well, the attorneys should have known the law but the law I posted is directly from the MIssissippi statutes. As such, i would relaly be questioning whether or not the Chancellors or attorneys in your county are doing their job.

 

[VeronicaLodge]

Then the Chancellors have issues and are NOT following the law.

there is no surprise there, MS judges are elected not appointed and are known for being very old school, antiquated and "good ole boy" -ish