He may sue for custody or visitation rights, but he may also be responsible for child support. The court may also declare the child as the father's legal heir. When a child is born to a married woman whose husband is not the father, legal difficulties arise. Getting a divorce before the birth does not settle the issue. Mississippi law presumes that a child born to a husband and wife is the natural offspring of the couple.
Paternity is presumed until proven otherwise in court.
For a child conceived out of wedlock during the marriage, the law still recognizes the husband as the legal father who has parental rights and responsibilities to the child. This scenario acknowledges the existence of different legal and biological fathers. In divorce proceedings, the court may declare the child was born out of wedlock, ruling the biological father as the legal father. If the divorcing parties do not raise the issue of paternity, they may be barred from doing so in the future. If the biological father later marries the mother, he may declare the child as his through court action or by such conduct that publicly acknowledges his paternity.