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Questions Answered by Melissa L Gardner-Ardoin
1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: Had uncle who died. My father and my uncle are heirs. Land loan is on the property that is currently being paid.

Yet the county won't let me get tags without proof of residency and everything is still in my deceased uncle's name. Please help

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jan 20, 2022

The deed to the land cannot be changed without court intervention. It should be probated so that the deed can be changed to the names of your father and uncle. That, however, won’t solve your problem since you are not an heir to the land. You have to establish residency in the county yourself,... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: My son's father doesn't help me at all with our son. I filed for cs in Jjne 2021 we established paternity in July and

He signed a petition of what he was ordered to pay. As of today there has been no payments made and the order has not even been filed at chancery court bc they keep saying it has to go before a judge for signature

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jan 20, 2022

I am going to assume that you went through DHS to establish paternity and child support. If the Order was signed by all parties in July, 2021, there is no excuse for the delay in presenting it to the Judge. You should contact the attorney handling the paternity action and make a demand that the... Read more »

2 Answers | Asked in Criminal Law for Mississippi on
Q: Are repo drivers allowed to be confrontational?

I was at a gas pump and a repo truck rolls up and both guys get out prior I hop in my car trying to leave at this point one of them is trying to block me from leaving and the other one opens the drivers door and is pushing his arm in my neck attempting to get keys out of the ignition I was able to... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jan 4, 2022

No, repo men are not allowed to cause a public disturbance and/or assault you. You may want to consider pressing charges against the men individually and pursuing an action against the repo company and/or your creditor.

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1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My child's mother gave temporary custody to her parents My sons mother recently died. Do I get custody now

I didn't know she done this.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Jan 4, 2022

The answer is not necessarily. You don’t say where the child is now or why and when custody was transferred. Depending on the circumstances, you may want to try to obtain possession of the child and then immediately petition the chancery court for custody. However, not having physical possession... Read more »

1 Answer | Asked in Traffic Tickets and Constitutional Law for Mississippi on
Q: Driving as a RIGHT not a privilege. Requirement of licensing. Below is copied from the case text off Justia's website.

PEOPLE vs. HORTON

Crim. No. 747. Court of Appeals of California, Fifth Appellate District. January 29, 1971.]

THE PEOPLE, Plaintiff and Respondent, v. KENNETH DON HORTON, Defendant and Appellant.

Nonetheless, the RIGHT of the citizen to drive on a public street with freedom... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Dec 30, 2021

What is your question? The excerpt does not mean that the ability to drive is a right. This part of the holding is referring to an individual’s right to operate a motor vehicle free from interference from law enforcement absent a good faith belief, or observation, of criminal conduct on the part... Read more »

1 Answer | Asked in Real Estate Law for Mississippi on
Q: Husband and wife leased house which is not finished. Getting divorced What happens to current lease?

Acquired house during marriage. Leased it out to a gentleman, and the valid lease agreement does not expire until September. Will divorce nullify the lease to this gentleman to allow sale of house?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Dec 27, 2021

The divorce between the couple has no effect on the lease. That is a separate issue altogether. The best thing to do is to contact the party who signed the lease and ask what their intentions are regarding the house or you can wait and see if someone will remain in the house. You can then make your... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: I have temp durable custody of nephews. Can I just return them to their custodial father when he is released from jail?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Dec 26, 2021

You don’t say whether or not the custody was given to you by the court through a court order or whether it is a private agreement between you and the parent(s). If you were awarded temporary custody through a court order, then you will need to go back to that court and asked that custody be... Read more »

1 Answer | Asked in Domestic Violence for Mississippi on
Q: Do I have to go to court & testify, if the state picked up the charges. For domestic violence simple assault
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Dec 24, 2021

You don’t say if you were the victim or a witness. However, if you are served with a subpoena to appear, then you must appear or risk further action by the Court against you.

1 Answer | Asked in Divorce for Mississippi on
Q: If I change my whole name to something completely different, does it mean I'm no longer married?

I want to change my first middle and last name. I am still legally married to someone I've been separated from for 4 years. When I change my name does it mean I am no longer married?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Dec 9, 2021

No. You would still be married.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Does my child support end if my 19 yr old son joins the military? He is joining air national guard with Air Force in MS.

My son will be 19 yrs old in January and is currently in college; however, he may not be next semester due to him joining the military. Does joining the military automatically emancipate him and child support stops or will I need to file a modification to end the child support and show proof of him... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 19, 2021

Yes, joining the military on a full time basis is an emancipating event in Mississippi.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: Can my kids’ mother file a child support order in Mississippi if she nor the kids have ever lived here

Child support petition

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 15, 2021

If you live in Mississippi and have a support order from another state, the originating state will send the order to Mississippi for collection efforts.

1 Answer | Asked in Divorce for Mississippi on
Q: Can a judge force a couple to get a divorce if neither spouse wants a divorce

There are allegations of child exploitation but no evidence and no charges

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 7, 2021

No

2 Answers | Asked in Criminal Law for Mississippi on
Q: Can I be charged for something I wasn't charged for at the time and never had to make bail or never had to sign anything

I was asleep and woke up to the law. He searched my car and found a half gram of meth. I never was charged with anything nor had to sign any papers was released moments later on no bond. Can they bring up charges

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 5, 2021

Yes, charges can be filed later. You can also be indicted by the grand jury and then arrested on a capias.

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1 Answer | Asked in Family Law for Mississippi on
Q: I'm seeking a divorce from my wife while moving to my mother's house in a different state. Does this affect the filing?

My wife and I have been married for three months, but co-habitating and living as a monogamous couple for a decade. I am fully financially dependent on my wife. She came home about a week and a half ago, said this isn't working, and left me by myself with our pets. My mother had to come get... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Nov 4, 2021

You would need to contact an Alabama attorney. You would not be able to file in Mississippi, unless she also moves out of Alabama.

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: I have misplaced my traffic ticket.Do I need it when going to court?

It was for driving without my seat belt.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 29, 2021

No. The court will have a copy.

1 Answer | Asked in Criminal Law and Juvenile Law for Mississippi on
Q: My 17 year old was in a shoving match, and law enforcement was called. No one was arrested and other party had to leave.

The officer gave my son a lecture after hearing both sides. I as the parent broke up the altercation. The officer said if they come back everyone on the property will be arrested. He told my son you don't want your father arrested or yourself. My main question is since my son is only 17 a... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 27, 2021

As far as the altercation is concerned, the individuals involved would be the ones subject to arrest. When police arrived, anyone who fails to follow lawful commands or acts unruly would also be subject to arrest. If you supply prohibited substances to the minors or allow them to use them while on... Read more »

1 Answer | Asked in Family Law for Mississippi on
Q: Cps is holding custody of my son but the cps in my county has already decided not to remove my child

I had my son in a county I didn't live in when hospital called they lied filed false report dhs from my county started investigation and called hospital to tell them everything was fine baby is to be released to me. They did not like that answer after a bunch more hell they called the county... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 25, 2021

You need to hire an attorney immediately in order to make sure your rights as a parent are preserved. You do not say why your son was in the hospital or the reason that the hospital called CPS, so I cannot speak to that. CPS will eventually put you on a parenting plan that you should follow. That... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: How can I get my daughters back time child support. I have asked the child support office but they are not helping

If possible could she get the entire amount at one time? They told me she would only get $30 a month but she hasn't got any back time at all yet. Her dad hasn't paid child support since august.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 24, 2021

A complaint would need to filed with the court asking that he be found in contempt and asking for the back support, attorney’s fees, and expenses. The court can order that he be incarcerated, as well, but whether or not you receive the full amount in lump sum depends on how much is owed.

1 Answer | Asked in Divorce, Family Law and Child Support for Mississippi on
Q: If my ex husband is not following the divorce papers and paying his half of my childrens extra expenses what do I do?

My divorce papers state that my ex husband is supposed to have insurance on my children and pay extra expenses for any extra curricular activities or expenses. My daughter has had braces twice and I’ve paid out of pocket neither him nor his insurance has paid anything and my son is taking college... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 21, 2021

You should retain an attorney and file a petition asking that your ex be found in contempt and requesting any amounts owed to you, including attorney’s fees, filing fees, and service fees.

1 Answer | Asked in Child Support for Mississippi on
Q: I live in MS. My child is 19, pregnant, working, not in college. Do i still have to pay court ordered child support?

I am up to date with my court ordered child support and no arrears.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Oct 20, 2021

You will have to pay the support until you file a petition with the court asking that the support be terminated for the above reasons.

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