Child Custody Laws In Mississippi For Unmarried Parents

Jason Campbell • January 24, 2025

Figuring out child custody can be difficult, especially for unmarried parents. Child custody laws for unmarried parents aren’t that different from laws for married parents, but there are different steps that unmarried parents have to take.


When dealing with any legal issue, but especially custody issues, it’s important to understand your local laws. A local attorney can help you understand the legal processes and make sure that you’re following them.


Jason Campbell is a local northern Mississippi attorney dedicated to fighting for your rights.
Contact us today to schedule a consultation to discuss your situation and learn more about how we may be able to help you.

Determining Custody for Unmarried Parents

For married parents, custody is determined during the divorce process. Divorcing parents don’t need separate custody determinations unless they want to modify the original custody agreement.


When a child is born to unmarried parents, the parents have to establish parentage. Unmarried mothers are typically given full custody
before a court order is in place. Both parents are on equal footing when it comes to their ability to gain custody, but unmarried fathers have to establish paternity before they have custodial rights.


Unmarried fathers have to
establish parentage to establish legal rights for their children. There are different levels of fatherhood before paternity is established.

Putative Father

A putative father is someone who claims to be the father of a child but has not established paternity. Someone who is considered a putative father does not have any parental rights.

Presumed Father

The presumed father is someone who is considered most likely to be the father of the child. There are various ways to be considered a presumed father. 


When a child is born during or immediately after divorce proceedings, the father involved in the divorce will be considered the presumed father. A man who acknowledges his paternity or treats the child as his own can be considered a presumed father.

Unmarried Father

Custody and Visitation for Unmarried Parents

How custody is determined varies from situation to situation. How custody is split will consider both parents' financial situation, ability to parent, and the children's best interests.


In custody cases, one parent typically has more custody time than the other. The parent with primary custody is considered the custodial parent.


Once paternity has been established, it’s unusual for a noncustodial parent not to have visitation.

Contact a Family Law Attorney Today

Navigating family law legal issues can be difficult, especially for fathers trying to establish paternity and gain custody.


There are important processes that need to be followed for family law legal issues. An attorney can help you navigate the legal process and fight for the best interests of you and your child.


Schedule a consultation with Campbell Law today
to discuss your child custody situation with our family law attorney.

Mississippi Attorney Jason Campbell

Jason E. Campbell

Attorney

Attorney Jason E. Campbell was born and raised in Greenville, Mississippi, and serves clients in the northern and central Mississippi areas with divorce, custody, criminal, and personal injury legal services. A graduate of Delta State University and Florida Coastal School of Law, Jason is dedicated to helping his clients throughout the legal process with compassion and determination.

Contact Jason
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