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Mississippi Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Mississippi on
Q: No matter the situation when filing child support will the woman always win if the man was abusive in the relationship?

The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 22, 2022

One of the factors that the court will take into consideration is whether violence has been perpetrated by either party during the relationship, especially if children were present at the time. Our case law and statutes are clear that the party who is found to have been violent during the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: Grandmother has full custody of 8 week old baby. Both parents in prison. Grandmother wants to sign baby over to someone.

Grandmother is already taking care of 5 children & can’t take care of an infant. She wants to find a good family to give full custody to. Can she do this without parents signing anything also? G’mother is in Louisiana and new family would possibly be in MS

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

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

1 Answer | Asked in Child Custody for Mississippi on
Q: Can I get emergency child custody of a 16 year old whose parent abandoned him.

The mother abandoned him as well as his 3 other siblings whom I am the father of and moved to TN.

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

I am unclear about whether you are the father or stepfather was of the child in question. You don’t say anything about the natural father being present in the child’s life, so I will assume he is not. You may petition the chancery court in the county in which the child lives and ask for... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: He has been mailed out 2 contemp courts letters this the second one this year he was ordered 6 years ago to pay 700 mint

700 monthly he's an mortician they just sent the second contemp court order two weeks ago I did not have to be present

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

What is the question?

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: CPS in the removal of children from home

I need guidance asap

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 16, 2022

What is the question?

1 Answer | Asked in Child Custody for Mississippi on
Q: During visitation with my daughters can the supervised tell the bio mother that she can’t hold her child during visit?

Because the step grandmother is trying to get in between me and my kid

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

If there are no restrictions on physical contact, no one can tell the visiting parent that he/she cannot hold the child. That would be interference with the visitation.

1 Answer | Asked in Child Custody for Mississippi on
Q: If a child age 7 mother dies and the father is incarcerated, can the grandmother get legal guardianship?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 8, 2022

Yes, but she will have to petition for guardianship in the chancery court of the county where the child lives.

1 Answer | Asked in Child Custody for Mississippi on
Q: How difficult is it to modify physical custody in Mississippi?

Disregard request

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 2, 2022

You will have to file a Petition to modify the current order. If it is contested, you will have to show a material change in circumstances in the custodian parent’s home which adversely affects the the best interests of the children. If you ex agrees, it is a simple case of getting her to sign... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I have a court document stating “No child support ordered” in 2011- now 2021 she wants child support. Will I owe bk

Original court order states “ No child support”, but she has Gov. Assistants & now they are requesting Child Support, will they be able to go and get back child support?

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

If you have a court order that states you are not ordered to pay current support or an arrearage, then the State will not be able to collect back support from you.

1 Answer | Asked in Child Custody and Divorce for Mississippi on
Q: I am trying to domesticate my divorce decree from AL to MS where I currently live. How can I do this?

I've been to the circut clerk office twice now. The second time I went back I brought several printed pages stating the MS codes for domesticating foreign judgments and they called me back to say they could not do that, I would have to open up a brand new case in MS. I am needing this done... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 15, 2022

There is no need to “domesticate” an Alabama marriage license in Mississippi. If the marriage is lawful in Alabama, Mississippi will recognize it. However, the test for filing a custody action in Mississippi has nothing to do with where the marriage took place. The question is where was the... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: If my ex has custody but has recently admitted to my kids that he has a serious drug problem, can I get custody?

He's threatening to pack up and take them 1000s of miles away qhere u can't see them. I'm in a stable marriage, a stable home and 2 stable jobs. Both my husband and I. No drugs or alcohol in our home. They would be safer here but I can't afford a lawyer to fight him. What can I... Read more »

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

You will have to file for a modification of your current agreement or judgment and ask that the Court grant you custody. If you feel that the children are in danger due to the drug use, you can also contact CPS and make a report. If they find that the allegation has merit, they can remove the... Read more »

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 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 Family Law, Child Custody, Civil Rights and Juvenile Law for Mississippi on
Q: Can Ms cps stop parents from getting medical updates from hospital on baby? I have been cooperating and very involved

My baby is in NICU. MSCps took custody this week. I have called hospital every single day since she was born to check on her. They have restricted the hospital on giving me, her mother, any info. I have done andor currently everything they have asked. They said bc they havent heard my voice in... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Oct 10, 2021

Yes, you have the right, as her mother, to receive medical information of your child, unless you were using that information in an inappropriate manner. If CPS continues to interfere with this right, you may have to contact the social worker’s supervision or go to court and ask that any such... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a person who voluntarily terminated their parental rights be allowed to visit and/or interact with the children?

What are the rights of the other parent in these instances?

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

Whether or not the terminated person is allowed to visit with the child is totally up to the discretion of the parents. The terminated person has no legal standing to demand contact with the child.

1 Answer | Asked in Child Custody for Mississippi on
Q: My mother has guardianship of my children and wants and is willing to give custody back to me. She lives in Neshoba.

My mother has guardianship of my children and wants and is willing to give custody back to me. She lives in Neshoba County. Our Court has been handled in Simpson County because that is where me and my ex-husband resided when we got a divorce and that is where the child custody started. But, my... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Sep 18, 2021

No. You must go back to the Court that issued the guardianship order to make any changes to it.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My husband’s kids mother is willing to sign her rights over to him does that still require a lawyer to do so?
William R. Wright
PREMIUM
William R. Wright
answered on Aug 16, 2021

A lawyer is not required to be retained for a parent to terminate her parental rights. Likewise, your husband could perform his own vasectomy without a doctor if he chose to do so. But he wouldn't do that, of course. Believe it or not, a parental termination case is just as serious as a... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: My best friend is being raped by her husband and needs to leave state with her two kids. She lives in Mississippi.

I need to figure out how to get them legally out of state. They are coming to Michigan and I want to make sure that we do this right.

William R. Wright
PREMIUM
William R. Wright
answered on Aug 5, 2021

This is a terrible situation. I am assuming the two children are also your friend's husband's children. There is no law prohibiting her travel out of state with her children. If Michigan is where she has friends or family, that is the logical destination for her on a temporary basis. If... Read more »

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: If I have temporary custody over my child. Can I be taken off of child support ?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 4, 2021

Yes. If you have temporary physical custody of your child by virtue of a court order, you can be taken off child support. The temporary order should order that, but if it does not, contact your DHS case worker and provide her with a copy of the order showing that you have temporary physical... Read more »

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Mississippi on
Q: My wife and I are split up. She got in a fight with a girl and the next morning she files a police report saying I hit h

Her and put a restraining order on me. And while I was at work her and the police came to my mom's and forced her to give her my kids. Now she won't let me see my kids. What do I do.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Aug 1, 2021

You should have a hearing on the restraining order, and if you can prove that you did not assault her, the order will be lifted. Other than that, I would file for divorce immediately, ask for a temporary hearing, and fight for custody of your children.

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