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Mississippi Child Custody Questions & Answers
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 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 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 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 Adoption, Child Custody and Family Law for Mississippi on
Q: How do I adopt a child I’ve had custody of for 2 years?

I have had custody for 2 years. My sister is a drug user who was in a dangerous position and we got my Neice. My husband and I want to adopt her but do not know where to start? Do we need an attorney? She’s in agreement (at the moment). She’s had no physical contact with her in months. She goes... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Aug 5, 2022

Here's what you need to do:

1. Fill out the petition and send it to the Circuit County Court in the county where you live.

2. Obtain the mother's permission. If the parent is emotionally or financially unfit, or if the parent has abandoned the child, Florida law may allow...
Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: Me and my boyfriend have had his granddaughter since the day she was born, no support

His daughter was pregnant her boyfriend was in jail it wasn't his he said he will not raise it so she asked us to raise it as ours when the baby was born she gave us a signed nerdrise document stating we had sole custody of her and was responsible for her well being because he's not had... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 29, 2022

Without a court order, she would be able to take the child if law enforcement will help her take the child from you. That is a big if because most will not get involved in these matters. You should immediately file an action in the chancery court of the county where you live, alleging that she... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: What will be done about these 4 errors on a complaint for grandparents visitation?

1- STEP-grandfather is named as a plaintiff 2- Under section 93-63-3, grandparents can only seek visitation if a court enters a decree or order awarding custody to (1) parent of the child or terminating the parental rights of (1) of the parents of the child or whenever (1) of the parent dies. - I... Read more »

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

The issue of grandparents’ rights is much more complicated than can be fully discussed here.

1. The step-grandparent can be a named party. Second, you have quoted only a portion of the statute.

2. Visitation rights can also be awarded if the grandparent can show that a...
Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Mississippi on
Q: What's the appropriate term to us for give up rights other than abandonment
V Julia Luyster
V Julia Luyster
answered on Jul 22, 2022

I do not practice law in Mississippi and this is not legal advise. However, another word for "giving up your rights" is to relinquish your parental rights, to terminate your rights. I hope that whatever situation you are facing that you are well.

Julia

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1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: Can the father of a 9 month old release all rights to the child under certain circumstances?

The mother is extremely irrational, irate, and narcissistic. Child is being held over the fathers head and used as a tool to emotionally attack the father. The father is being stalked, harrsssed and bullied online by thousands of people.

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

A father can voluntarily relinquish his parental rights; however, none of the reasons you have given would allow for a termination. The reasons may be a reason to change custody of the child to the father if he is suitable in other respects. However, if the mother agrees to the termination, the... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Do I have any rights I've been in a child's life for the last 5 yrs now I can't see him anymore bc mom with a black man
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 30, 2022

If you are not the biological parent, we’re not married to the other parents, and have not been awarded any visitation with the child through a court order, you do not any any rights to the child. I’m very sorry.

1 Answer | Asked in Child Custody for Mississippi on
Q: Can a 3rd party take temporary custody of my child without any proof of neglect or abuse?

The court has issued temporary custody of my child on allegations of child abandonment and neglect however failed to provide any proof of this and I am restrained from having any contact with them until my next court date on Friday.

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

You do not say which court entered the order removing your child. The Court will usually err on the side of protecting the child on an emergency basis, but evidence had to have been presented to cause a Judge to make such a ruling. However, the hearing on Friday will be an opportunity to test the... Read more »

1 Answer | Asked in Child Custody for Mississippi on
Q: Does a 16 year old father have rights to his child

I got pregnant by a 15 year old when I was 17 and he turned 16 and I turned 18 before the baby was born. His mother thinks she has rights to our child because he is a minor and is asking for joint custody. What rights and responsibilities does he have being a minor, what rights does she have and... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 3, 2022

You and the father have the same rights and responsibilities as any other parent. However, it is going to be complicated by the fact that he is a minor due to his dependence on his parents for financial support, food, shelter, as well as his disability of minority. However, this does not give his... Read more »

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 »

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