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MS SB2513

Bill

Status

Failed

2/5/2019

Primary Sponsor

Angela Turner-Ford

Click for details

Origin

Senate

2019 Regular Session

AI Summary

  • Amends Section 93-9-10 of the Mississippi Code to modify procedures for disestablishing paternity when a legal father is not the biological father.

  • Changes subsection (3) from an absolute bar to a discretionary bar allowing courts to set aside paternity determinations only upon a showing of good cause when the legal father engaged in specified conduct (marriage/cohabitation with mother, signing birth certificate or stipulated agreements, declining genetic testing, or failing to appear for testing).

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

  • Maintains that relief is limited to prospective child support, past-due payments, and related custody/visitation issues, without creating a cause of action to recover child support paid before the disestablishment petition was filed.

  • Requires the party requesting genetic testing to pay associated fees, and assesses court costs, testing fees, and reasonable attorney's fees against a petitioner whose relief is denied.

Legislative Description

Paternity; clarify circumstances under which putative father cannot contest.

Last Action

Died In Committee

2/5/2019

Committee Referrals

Judiciary, Division A1/21/2019

Full Bill Text

No bill text available