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Mississippi Questions & Answers
1 Answer | Asked in Family Law for Mississippi on
Q: Can my child be enrolled under a former last name if the order was made to change and it has been changed for +1 year?

I, Dad, have joint legal custody, whereas 'Mom' has paramount physical, custody, and care. In the order, I was granted permission to change one of our daughters' names (Child S) as the other already had my last name (Child F). Child S is enrolled in school as SR instead of SH. She... Read more »

David Luther Woodward
David Luther Woodward
answered on Oct 3, 2022

You certainly recognize the problem, and the fact that a lawyer could help. You can order a birth certificate at the clerk's office in the county where she was born if it is in Florida. In other situations, contact the Bureau of Vital Statistics for the state of birth.

Once you have...
Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: If you are charged with MALICIOUS MISCHIEF and PETIT LARCENY And live in another state can you get years in jail or pro
Arthur Calderon
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Arthur Calderon
answered on Oct 2, 2022

It really depends on the circumstances, such as whether the person has any previous convictions, amount of property damage, etc. That being said, with the right circumstances, it may end up being a situation where the charge could be nonadjudicated or dismissed with participation in a special... 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, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... Read more »

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 Criminal Law for Mississippi on
Q: In Mississippi. how long does the state have to indict on felony Fleeing? I was arrested Dec 2020. 50k bond. No hearing
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How long do they have to indict you in the state of Mississippi if you are still being held with no bond
Arthur Calderon
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Arthur Calderon
answered on Sep 25, 2022

Typically, once the State arrests someone, there is no set amount of time before they can present the case for indictment; however, the more time that goes by, the greater the likelihood of there being an argument that the case should be dismissed due to lack of a speedy trial, particularly if... Read more »

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 Criminal Law for Mississippi on
Q: If a building has been condemned for 20 years can yoube charged with burglary of a commercial building or is there some

Kinda like abando laws that could help me with this

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Generally, if the property is abandoned, it could still be considered burglary of a building if there was a breaking and entering with the intent to commit a crime within the building. That being said, depending on the circumstances, the charge could potentially be downgraded to a lower charge,... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: Truck in my yard.Driver gets out choked and threw me on the ground,lies about why and arrested me.

Now I've been indicted and court is next month. There's two eye witnesses who stood by watching while this happened. The cop never identified himself as police.

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Since you've been indicted, the first thing that you need to do is get an experienced criminal defense lawyer, as simple assault on LEO cases are very tricky to navigate, and get more complicated as time goes by. There also needs to be an investigation as to excessive force, since that could... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Mississippi on
Q: Not giving my i.d. is that disorderly conduct if I'm sitting in my car in a parking lot?

He came up pulled me out my car as he was telling me why he was there I had found my wallet when he grabbed me it ended up on the ground

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Typically, for it to be considered disorderly conduct, you have to be acting in such a way that it may disturb the peace of those around you.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: My partner and I got into an argument that escalated into me involving the cops. My girlfriend was charged with domestic

Domestic assault with bodily injury. I only had a scratch under my eye. We have remained together. Her ex husband is trying to take their child and the child was in no way involved. Charges happened in TN and I signed an affidavit to try and get them to drop charges since the cops pressed charges... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 20, 2022

Your best bet is going to be to contact an experienced criminal defense lawyer in Texas, since these charges stemmed from conduct that happened there.

1 Answer | Asked in Car Accidents and Workers' Compensation for Mississippi on
Q: Can I get paid for lost wages if I was not injured in an accident it was my work truck it was insured as a work truck

The lady of course said that she had a green light but there is a witness states that we both had a green light and she ran a red light Causing the accident

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

The short is answer is yes. Assuming that you were injured while working, you should be entitled to workers' compensation, unless your employer fits within one of the exceptions. Regardless, from the looks of it, you have a combination workers' compensation claim and a personal injury... Read more »

1 Answer | Asked in Criminal Law for Mississippi on
Q: How can you get bound over for criminal charges for something thats not even a law?

County DA even lied to GJ by telling them im a 2 time felon, which is completely not true. I have always been a citizen

Arthur Calderon
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Arthur Calderon
answered on Sep 16, 2022

Sadly, this is something that happens quite often. The best way to handle something like this is to make sure that the lawyer reviews your entire history and the discovery and file a motion to dismiss or otherwise challenge the DA's representations to the grand jury.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Mississippi on
Q: If my indictment is not marked "filed", nor signed or dated by the clerk, can the judge still convict me?

Ashwell v. State, 226 So.3d 69 (Miss.2017) made it clear that if my indictment is not filed then the judge don't have jurisdiction nor the authority to accept my guilty plea because the court failed to charge me with a crime. Why did the Miss. Supreme Court deny my writ of certiorari after... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 6, 2022

It really depends on the circumstances. Even though your indictment may not be marked as filed, the test to determine whether the court has jurisdiction is to see if there was ever an indictment legitimately filed in the circuit court.

1 Answer | Asked in Car Accidents for Mississippi on
Q: In Mississippi can you dispute a at fault claim if no witnesses

I was involved in an auto accident that involved a parked lightweight commercial lawn mowing service vehicle in the state of Mississippi on a residential Rd They had no insurance however I was considered at fault. I was the only witness. THey claim i hit the vehicle from behind, when i got out of... Read more »

Arthur Calderon
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Arthur Calderon
answered on Sep 5, 2022

You should consider speaking with an experienced personal injury lawyer about this matter. Just because you hit the vehicle from behind, does not necessarily mean that you are at fault. For example, if you turned a corner during the night (or even day) and the commercial vehicle was parked in a... Read more »

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Mississippi on
Q: What type of lawyer can handle seven different areas of law? Mainly around consumer rights.

I had an accident on May 15th and I have several issues with the procedures and what has stemmed from the aftermath. In regards to my finance company, previously lawyer and the insurance company. And they all have different areas of law. So I'm reaching out to try to find a lawyer that can... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2022

A Mississippi attorney could advise best, but your question remains open for four weeks. It might be difficult to find an attorney who meets all seven areas of law on your list, depending on what they are. Instead, it might be easier to find an attorney who deals with the major areas of importance.... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Mississippi on
Q: How valid is a trustee's deed from the executor of an estate trust? Shouldn't it be a warranty deed instead?

Both of my parents died last year. They maintained an estate trust. There are four children listed with my sister being designated as the executor. Recently she distributed the first disbursement in which she wrote herself and my two brothers checks for $150,000. She gave me property in the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 31, 2022

You do not have a right to any type of certain deed conveyance. You can make a motion in the Probate Case, or an action against the Trustee, for a better distribution of Trust Assets, but you will probably lose. Hire a MS attorney to advise you of what to do, but I think you will find that her... Read more »

1 Answer | Asked in Civil Rights for Mississippi on
Q: Can someone press charges on you for trespassing with no proof and have a warrant for your arrest in byhalia, ms
Arthur Calderon
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Arthur Calderon
answered on Aug 27, 2022

The short answer is yes, it does happen. It is incredibly easy for someone to go press charges on someone, even without concrete proof of a crime. The real question is whether there is anything to support a finding of guilt. If it is just one person's word against another's, then you... Read more »

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