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MS SB2055

Bill

Status

Failed

1/31/2017

Primary Sponsor

Angela Turner-Ford

Click for details

Origin

Senate

2017 Regular Session

AI Summary

  • Amends Section 93-9-10 of Mississippi Code to modify circumstances under which a legal father may disestablish paternity and terminate child support obligations by filing a petition with newly discovered evidence and scientific testing results.

  • Changes provision in subsection (3) from an absolute prohibition to allow courts to set aside paternity determinations "only upon a showing of good cause" when a legal father engaged in specific conduct such as marrying the mother, signing birth certificates or paternity agreements, or declining genetic testing.

  • Adds language to subsection (3)(c) requiring that a legal father prove fraud, duress, or material mistake of fact to overcome a stipulated paternity agreement approved by court order.

  • Maintains requirement that petitioner pay genetic testing fees and, if relief is not granted, pay court costs, testing fees, and reasonable attorney's fees.

  • Preserves obligation for child support payments to continue during pending petitions except for good cause, with courts able to hold payments in escrow pending final paternity determination.

Legislative Description

Paternity; clarify circumstances under which putative father cannot contest.

Last Action

Died In Committee

1/31/2017

Committee Referrals

Judiciary, Division A1/5/2017

Full Bill Text

No bill text available