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MS SB2097

Bill

Status

Failed

2/3/2015

Primary Sponsor

Angela Turner-Ford

Click for details

Origin

Senate

2015 Regular Session

AI Summary

  • 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.

  • 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.).

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary, Division A1/9/2015

Full Bill Text

No bill text available