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Questions Answered by Melissa L Gardner-Ardoin
1 Answer | Asked in Family Law, Child Custody and Civil Rights for Mississippi on
Q: If you are legally prescribed suboxone by a doctor can a judge refuse custody an visitation due to taking it

I took a drug test and that was the only thing in my system and I go to a doctor who legally prescribes the suboxone to me

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 5, 2022

If the Judge finds that you are not taking the medication as prescribed, he/she can deny custody or restrict visitation. If you are monitored by a physician, take the medication as prescribed, have had no relapses in your original addiction, and have not had any adverse incidents, you will probably... Read more »

1 Answer | Asked in Child Support for Mississippi on
Q: Why would a child support case go to court when the mother requested support?

Would it be because the mother is 20 years younger then the father?

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

Your question answers itself. One reason that a child support case would go to court IS because the mother requested support. It has nothing to do with the age of either parent. The second reason that a child support case would go to court is because the mother received benefits from the State,... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: My mom was granted emergency temporary custody of my child. Can I get her back?

She was granted temporary custody due to my daughter being born with methamphetamine in her system. I am now sober and can pass a drug test. Will I be able to get her back?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 12, 2022

You don’t say how long your mother has had temporary custody, if you have had visitation, if you were ordered to do certain things, or which Court granted temporary custody to your mother. If you are in Youth Court, you will have to follow the instructions and directives of the social workers... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: Can a grandmother get full custody of a child when the mom dies and biological father is alive and wants full custody?

Mother killed while child was 6wks old BEFORE paternity established BUT father petitioned paternity after mother’s death IMMEDIATELY in NOV (2021). Grandmother ran off with baby & was not in communication with alleged father UNTIL paternity established 2months ago (2022). Paternity has now... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 9, 2022

You don’t say how old the child is; however, the grandmother will have to overcome the natural parent presumption which says that the biological parents are the natural guardians of their children. The presumption may be overcome if the father has 1. consented to a third party having custody... Read more »

1 Answer | Asked in Child Custody and Civil Rights for Mississippi on
Q: My granddaughter 4 has been in DHS care, next month will be a year,. This last April, DHS stopped the supervised visits,

They said my son was hustle towards her. He was not, something happened for DHS to take her away from the grandfather on a Saturday, when we seen her a week later, something was wrong with her, she walked in the room and stood in a corner and wouldn't take. That scraped my son and I and we... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Nov 7, 2022

It is hard to tell from the facts given what exactly is going on. If the SW and/or DHS are talking about adoption, the best advice I can give is that you immediately hire an attorney who has been experience working in Youth Court and Chancery Court matters.

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: What if a child has been in cps custody for 6 months and the mother passed drug tests except for one, what happens?

Will cps stop the reunification plan and child will be adopted? Will they give mother another chance to prove that she can stay clean?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 28, 2022

Normally, it takes more than one failed drug screen. However, the mother must follow and complete her service plan, remain sober, and meet all of the requirements.

1 Answer | Asked in Adoption, Family Law and Child Custody for Mississippi on
Q: We are wanting to get guardianship of a 15 year old girl. Her parents will sign the paper. How do we go about this?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 26, 2022

A lawyer will draft a petition for the guardianship, which will need to be signed by you and your husband. Additionally, the child’s parents will either sign the Petition or a waiver. An Agreed Judgnent allowing the guardianship will be signed and then presented to the Judge for his/her... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My son is now 18. But his dad owes 11,000 in arrearage through DHS, who has not been enforcing. What are my options

His original payment was based on unemployment income years ago. He makes significantly more money the last few years and DHS said o

It was supposed to increase three years ago when I asked for a review and they sent him letters but never followed through. He has three storage buildings... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 21, 2022

A couple of things is going on here.

1. If your son is 18, what is he doing as far as school, employment, living arrangements, etc. he may or may not be emancipated.

2. If he is not emancipated, you should hire a private attorney and file for an increase in support. DHS usually...
Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: I agreed to give my in laws duralegal custody of my daughter a few years ago . how would I go about regaining custody
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 14, 2022

If your in-laws are in agreement, you and they will sign a joint petition and an agreed judgment. If not, you will have to serve them with a petition seeking custody. You will have to show a material change in circumstances adversely affecting your child that has occurred in their home…not that... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Mississippi on
Q: We were awareded default judgement of $1,100, have received no payment, tenant was evicted. Can he be charged larceny?

Larceny of lease? The tenant did leave our property, but still no payment or promise of.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 12, 2022

What you are describing is a civil matter. You will have to collect on the judgment through the civil court through garnishment, seizure of assets, etc.

1 Answer | Asked in Family Law for Mississippi on
Q: Can a father in Mississippi take his 16 year old daughter to live out of state if she wants to live with him

Th child is living with her grandmother and on her hud housing she wants to go with dad mom doesn’t want her to go since it will ruin the benefits they get for her

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 11, 2022

It depends who has physical custody of the daughter by court order. If Dad does, then, yes, he can take her. If Mom or Grandmother do, then no. If there is no court order, then the question is open; however, this will necessitate filing an action in court to settle the issue.

1 Answer | Asked in Criminal Law for Mississippi on
Q: Is it against the law to still power from another person home, without the home owner permission?

Person next door to our home. Plugged an extension cord from our outside plug. Then dragged the extension to their property and plugged in their camper trailer. All happened during the night. Once there was daylight, they unplugged the extension cord and dragged it back to their camper trailer.... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2022

Yes. This is illegal.

1 Answer | Asked in Child Support for Mississippi on
Q: If my children want to be emancipated to help me get off child support what are my options?

My daughter is 19 and my son is 22 i still have to pay child support to they mom, my children live together in Iowa I live in Mississippi and my children's mom lives in Florida my children get no support from their mom. My children have been living on they own for 1 and 1/2 years now. My son... Read more »

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

Because your children are living independently from your ex-wife and your son is over 21, you should petition the court immediately to stop the child support and grant you credits toward any arrearage for the months that they have been living separately from her. They will not do this... Read more »

1 Answer | Asked in Divorce, Child Custody, Child Support, Domestic Violence and Immigration Law for Mississippi on
Q: Does my husband have rights if he’s illegalHere during a divorce

I’ve been in a relationship with my husband for 13 years and have been married to him. I caught him being unfaithful more than 7 times with different women. He isn’t legally here in the USA. His green card expired and he has no passport stamp. I want to get a divorce because of his infidelity... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

His immigration status should not affect the distribution in the divorce, although you can try to make such a claim. I don’t believe it will get you very far though. Any questions specific to his status should be directed to an immigration attorney.

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I get custody of my children will I still have to pay the arrears?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 1, 2022

Yes, you still have to pay any arrearage that has accrued. Child support cannot be forgiven once it has vested; however, you may be able to receive credits against the arrearage, depending on the circumstances. Whether you are entitled to credits is entirely up to the Court.

1 Answer | Asked in Child Support for Mississippi on
Q: Can my husbands ex wife serve me his child support modification documents?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 28, 2022

The requirements for a process server are: 1. 18 years or older, 2. not convicted of a felony, 3. not a party to the lawsuit. So, the answer is yes, if the ex-wife meets these requirements.

1 Answer | Asked in Divorce for Mississippi on
Q: Does adultery have any persuasion in a divorce in Mississippi

A married female friend was caught having an affair. Does that mean she is entitled to nothing in a divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 23, 2022

No, it does not mean that she is entitled to nothing. The court can grant the divorce to the husband on the ground of adultery. The court will then move to apportioning the property, awarding custody, and setting support in accordance with the prevailing case law. That is not to say that the... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: How do u swap from joint custody too full custody?

My friend has join custody with her ex who lives in AL she is married and in MS now the child is 4 and was enrolled in school in MS but his parents and him have not returned her home after there week with her what can my friend do cause her daughter is missing school here in MS and they are keeping... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 21, 2022

Your friend should consult with an attorney as soon as possible about taking steps to have the child returned to her. Once the agreement is given full faith and credit in Mississippi, it can be enforced and modified here.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: My ex is trying to stop me from seeing our 5 year old daughter an has her around her new boyfriend,what do I need to do

I've been paying child support since she was born an I'm on the birth certificate,an she is making my daughter think that I don't won't to come see her but she won't let me,she took off with her an left her home an had her around her new boyfriend the next day,an I... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 21, 2022

You need to hire an attorney and file a paternity action, asking for your rights as a father, including visitation rights. Do not go through DHS because they cannot handle the visitation issue.

1 Answer | Asked in Animal / Dog Law and Small Claims for Mississippi on
Q: Can someone take your service dog? Even if it is granted by a judge? We have proof that the dog is emotional support dog

A ex gave me a dog for a gift and I had the dog for a service dog/emotional support dog, he came back 8 months later wanting the dog back, then took me to court and the judge granted him the dog. The judge and his dad is best friends. I have all the vet bills and etc, it’s micro chipped under my... Read more »

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

You can appeal the decision to the next level. If the original trial was in city court or justice court, you will be granted a new trial at the next level with a new judge.

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