[MS] [MI] How do I prove that my child’s other parent is unfit and file for custody?
If I’m trying to get a child custody petition and the other party is not compliant with actions I want to take regarding a court order, what should I do? And where should I start?
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In Mississippi, you must legally establish paternity before pursuing custody or child support (Miss. Code Ann. § 93-9-1 et seq. (Mississippi Uniform Law on Paternity)). A name on the birth certificate creates a presumption, but without a voluntary acknowledgment, the court may still require formal establishment (Miss. Code Ann. § 93-9-37). Custody decisions are based on the child’s best interests, and you can use evidence showing a parent is unfit (Miss. Code Ann. § 93-5-24). You can get the required forms from the court clerk.
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If I’m trying to get a child custody petition and the other party is not compliant with actions I want to take regarding a court order, what should I do? And where should I start?
Have you already filed a custody petition with the court?
No, not yet. I don’t know how to.
What actions are you seeking from the other party?
The other party doesn’t want to go to court or pay child support.
Anything else the lawyer should know?
Yes—if we go to court, can I use concrete evidence that he is not fit to have custody?
Is there any previous custody order?
No ma’am, that’s why I’m here trying to figure out where to start.
Was paternity established?
The other party’s name is on the birth certificate, but nothing else has been done because he won’t cooperate.
Did he sign a voluntary acknowledgment of parentage?
No.
Which state are you in?
Mississippi.
In Mississippi, you must legally establish paternity before pursuing custody or child support (Miss. Code Ann. § 93-9-1 et seq. (Mississippi Uniform Law on Paternity)). A name on the birth certificate creates a presumption, but without a voluntary acknowledgment, the court may still require formal establishment (Miss. Code Ann. § 93-9-37). Custody decisions are based on the child’s best interests, and you can use evidence showing a parent is unfit (Miss. Code Ann. § 93-5-24). You can get the required forms from the court clerk.
Thank you. Would I need an attorney to go to court for child custody?
An attorney is helpful, but you can file on your own. I hope I was able to help! Let me know if you have more questions.
Elizabeth
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