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Questions Answered by Melissa L Gardner-Ardoin
1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Speed ticket Canton Parkway, yes guilty , I would like to pay the fine.

It’s been 20 days since ticket was issued the Canton Municipal Court still has no record. Court date is June 14 all I want is to pay the fine and move on i’m not contagious but they can’t tell me how much so How can I go about paying the fine? Can the police tear up a ticket and throw it away... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 26, 2023

If the Court has no record of the ticket, the officer hasn’t turned it in. You can’t pay the ticket until it is turned in and sworn to by the officer before the clerk or some other designated person. Continue to check back periodically to see if it has been turned in. If the officer doesn’t... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Does child support still stand in Mississippi if parental rights were terminated in court and no visitation was granted

Maternal Grandmother has custody.

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

Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to... Read more »

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: 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, 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 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 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.

1 Answer | Asked in Child Support for Mississippi on
Q: If my children want to be emancipated to help me get off child support what are my options?

My daughter is 19 and my son is 22 i still have to pay child support to they mom, my children live together in Iowa I live in Mississippi and my children's mom lives in Florida my children get no support from their mom. My children have been living on they own for 1 and 1/2 years now. My son... Read more »

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

Because your children are living independently from your ex-wife and your son is over 21, you should petition the court immediately to stop the child support and grant you credits toward any arrearage for the months that they have been living separately from her. They will not do this... 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 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.

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