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 »
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
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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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