Legal Question in Intellectual Property in Mississippi

My 17 year old daughter went to a party one night and got pregnant by a 26 yo male, she does not know him and we do not want anything from him do we have to agree to a paternity tests and do we also have to allow him rights to the baby?


Asked on 3/20/12, 10:29 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

Your question is one of family law, not intellectual property law. Intellectual property deals with patents, trademarks, copyright and other products of the human mind. However, I do have a bit of experience with issues of this type, but not in Mississippi.

Your daughter's baby has just as much right to know and love its father and its father's side of its family as it does its mother and her side of its family.

The courts of this country invariably hold that the best interests of the CHILD rule in these matters. Whether you want something from bio-dad or not is actually not usually a consideration. The CHILD has the RIGHT to know and love both of its parents. If you have some compelling reason why contact with this man would not be in the child's best interest, you can bring an action on behalf of your (minor) daughter to take away his parental rights, but your burden of proof on that is very high; parental rights are fundamental rights under the Constitution and are not lightly removed.

Given that your daughter is underage and this guy is in his mid-20s, you might want to take a look at the statutory rape laws in your state, and, if warranted, report the case to your Attorney General and/or the District Attorney in the county where this guy resides.

Your daughter needs a lawyer. She will need a lawyer to represent her interests until this child reaches 18 years of age. Your daughter's child needs a lawyer to represent his/her interests; depending on your state's family law statutes, lawyers for children may be appointed by the court at no cost to the family. These two lawyers cannot be the same person (conflict of interest). Find someone in your county who practices family law with whom your daughter is comfortable. If you need a referral, ask your state's bar association for help.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 3/20/12, 11:35 am


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