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Questions Answered by Melissa L Gardner-Ardoin
1 Answer | Asked in Domestic Violence for Mississippi on
Q: If the state of MS pressed charges for DV against my husband on my behalf. Can I get them dropped?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Feb 7, 2023

You will have to speak to the Prosecutor about dropping the charges. You are not bringing the charges against your husband; the State is. Several factors will come into play, e.g., the severity of the injuries, if any, the circumstances of the assault, the history between you and your husband, your... Read more »

1 Answer | Asked in Divorce for Mississippi on
Q: In the state of Florida is there such a thing as alimony been in a relationship for 40 years not married
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 31, 2023

You will need to redirect your question to an attorney licensed in Florida.

1 Answer | Asked in Divorce for Mississippi on
Q: Is Mississippi a Property Title State in Divorce? The spouse who holds title to any property, retains the property?

Whether it is Real Estate, an Automobile, etc. Does the spouse who holds title retain the property in divorce?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 29, 2023

Mississippi is an equitable distribution state. The name on the title does not determine who will ultimately end up with the property. The Court will look at the Ferguson factors to make the determination.

1 Answer | Asked in Adoption and Juvenile Law for Mississippi on
Q: Can I be adopted without parental consent?

I am 16 living in MS. My parents are non-abusive but I can not stand living with them anymore. Is there a way I can put myself up for adoption without parental consent?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 17, 2023

No. You cannot put yourself up for adoption, and you cannot be adopted without the consent of both of your parents, unless a Court has terminated their parental rights.

1 Answer | Asked in Child Support for Mississippi on
Q: If my baby mother gets an apportionment of my VA disability check isn't that considered child support

She get a check on the first of every month

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 9, 2023

The quick answer is that the money taken from your disability money in the name of your child is child support. You do not say if there is a court order in place and, if so, what it says. That information is necessary to say whether the apportionment satisfies any directive from the Court.

1 Answer | Asked in Child Support for Mississippi on
Q: Can a parent be put on child support without a social security number
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jan 8, 2023

Your question is confusing. Whose social security number are you referring to…the child or the parent?

Once a person is determined to be the biological parent of a child, that person can be ordered to pay child support.

1 Answer | Asked in Adoption, Child Custody and Child Support for Mississippi on
Q: My brother signed over rights to his child and was supposed to be adopted by the moms new husband. His last

Name was changed and all. DHS keeps taking money out of my brothers paycheck. If he was adopted after my brother signed over his rights, would DHS get a copy sent over once he was adopted to stop taking money out of his checks? And if not, how could they change the child’s last name without being... Read more »

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

DHS would not automatically receive a copy of the adoption Order. If your brother has a copy, he should take them a copy or contact the caseworker and them that one was entered. However, if your brother was behind on his child support at the time of entry of the Order, he is still responsible for... Read more »

1 Answer | Asked in Family Law and Landlord - Tenant for Mississippi on
Q: Can I stop my uncle from moving into my grandmother's vacant property if I have power of attorney?

My grandmother has gone to live with one of my uncles in another state, leaving her property here vacant. Another one of my uncles decided he wanted to move into the property and is starting to do so. I have had power of attorney for my grandmother for over a year now and want to know if there is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

Depending on what the POA allows you to do, you may be able to file an action against him to prevent the move or an eviction if he has already moved in.

1 Answer | Asked in Juvenile Law and Child Custody for Mississippi on
Q: Would the custodial parent or non-custodial parent of a juvenile would be responsible for paying fines for probation?

Our child committed a possession of controlled substance; a marijuana vape on school campus and was arrested in the state of Mississippi. He was fined $250 to pay for drug screening and the custodial parent is stating that I'm responsible as well for the fine. This happened while in the... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

You don’t say which court found him guilty or give his age. If he was found guilty in Municipal, Justice, County, or Circuit, that tells me that he is not a juvenile. The Court will look to your son to pay the fine, not either of the parents, custodial or not. He committed the crime, so he pays... Read more »

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.

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