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MS SB2097
Bill
Status
2/3/2015
Primary Sponsor
Angela Turner-Ford
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AI Summary
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Amends Section 93-9-10 of the Mississippi Code to modify circumstances under which a legal father can disestablish paternity and terminate child support obligations.
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Changes the standard in subsection (3) from an absolute bar to a discretionary "good cause" standard when a legal father engaged in specified conduct (marriage/cohabitation with mother, signing birth certificate, stipulating to paternity, etc.).
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Adds requirement that legal father can prove fraud, duress, or material mistake of fact to overcome the bar when he signed a stipulated agreement of paternity approved by court order.
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Maintains that relief is limited to prospective child support, past-due payments, termination of parental rights, custody, and visitation—does not allow recovery of child support paid before filing the disestablishment petition.
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Provides that if the court denies the disestablishment petition, the petitioner must pay court costs, genetic testing fees, and reasonable attorney's fees.
Legislative Description
Paternity; clarify circumstances under which putative father cannot contest.
Last Action
Died In Committee
2/3/2015