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Questions Answered by Melissa L Gardner-Ardoin
1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: I have full custody of my daughter and now she wants to live with my mother

I have been to court with her biological father 4 times he has never been on thebirth certificate And we are waiting on the district attorney To pick up a felony charge for the $43000 back child support he owes now at 7 the child wants to live with my mom Does that mean at that point that my mom is... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 6, 2021

Once the back support becomes due, it is vested. It cannot be forgiven or waived. You would still be entitled to the back support if he was ordered to pay you in the court order. If you allow your child to live with your mother, she should receive it because you would no longer have the child and... Read more »

1 Answer | Asked in Animal / Dog Law for Mississippi on
Q: My neighbour’s dogs keep coming in my yard and I have two cats outside that I’m scared the dogs will attack and hurt

What can I do to protect my pets? I have a camera outside showing their dogs in my yard even on my front porch!

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 6, 2021

The first thing to do is to read the county or city ordinances (depending on where you live) to find out about your remedies. If your local Sheriff’s Dept or city has an animal control division, call them and report the loose dogs and your fears. The video will be your best evidence.

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: i just need to know how where and what to do to get a child modification in mississippi..

they are going off of my income from YEARS ago. and i no longer work due to health problems. i was counting on the stimulus to pay my bills but i got a paper saying they took my taxes due to child support. when i look on the website it doesnt give me any answers just more run arounds

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

You need to file for a modification of the last court order requesting a decrease in your child support amount. You will have to show a decrease in income since the entry of the last order that was caused by circumstances beyond your control. In other words, you didn’t voluntarily quit your job... Read more »

1 Answer | Asked in Child Custody and Family Law for Mississippi on
Q: My friend’s mother filed for custody of her daughter. She was awarded based on lies. How can she get custody back?

My friend was with a man who her mother did not approve of. Her mother would keep her most of the time while my friend worked. Her boyfriend at the time went to jail. Her mother filed for emergency custody, lied and said she brought her daughter to the jail for visits, again lied and said she was a... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your friend will need to hire an attorney for this one. She will have to file for a modification of the present order and request custody. She will have an uphill battle and may be successful in only gaining incremental gains over time. In other words, it may take more than one filing over time.... Read more »

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: A sibling has custody of brother, the dad wants to see him after being out of prison for months. Child has expressed

He doesn't want to see him at all because after getting out of prison the first time he went back to jail months later and even after getting out the second time he choose to go back to his same ways not trying to see child until months after being out now the kid just choose not to see him at... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

You don’t say how old the child is, so the quick answer is maybe. If contact is denied to the father, he will have to petition to court for either visitation rights or some kind or contempt if there is an Order in place establishing his visitation rights.

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: Can a non-custodial parent's visitation be restricted to supervised if she is suicidal?

The children are 10 year old triplets and have been in the father's custody for 8 years. Mother has visitation. Last night, mother sent text messages to all 3 of the children on their cell phones threatening suicide. What steps will have to be taken and is it possible to have an emergency... Read more »

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Yes, an emergency hearing would be available to the custodial parent in this situation with or without notice to the noncustodial parent, depending on the circumstances. However, steps should be taken to file such a motion immediately. Once the emergency has passed, the custodial parent will have... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Mississippi on
Q: Can a sperm donor who helped a same-sex couple have a baby pursue rights to the child if he signed papers with a notory?

The biological mother and her partner are both on the birth certificate and in the agreement signed by the sperm donor and the mother states that he would not pursue any rights and that the biological mother has the right to appoint whoever she wanted as the other parent of the child.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

The first consideration for Chancery Court is the best interest of the child. The contract between the donor and the birth mother is only one piece of evidence to be considered. The donor may be able to contest the arrangement and seek visitation with the child. However, it will not be an easy... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: What does it mean if you get a letter from DHS saying This is an arrears only case. There is no obligation to review

I was paying back child support and I just got a letter from DHS saying: This is an arrears only case. There is no obligation to review. What does this mean

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

The letter means that DHS is attempting to collect a debt of past due child support only, not current support. Also, the agency is not reviewing the file in an effort to increase the monthly support amount.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Mississippi on
Q: My brother just got sentenced, how do I go about filing an appeal? Or what do we need to do?

Would we be able to hire a lawyer to do an appeal on his case?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin answered on Apr 5, 2021

Your brother will have 30 days to file a Notice of Appeal. Although your brother has the right to file an appeal on his own, it is advisable to hire an attorney to assist him with this so that he does not miss deadlines and/ or other rules that are in place for appeals.

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