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Questions Answered by Melissa L Gardner-Ardoin
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... View 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 Animal / Dog Law and Small Claims for Mississippi on
Q: Can someone take your service dog? Even if it is granted by a judge? We have proof that the dog is emotional support dog

A ex gave me a dog for a gift and I had the dog for a service dog/emotional support dog, he came back 8 months later wanting the dog back, then took me to court and the judge granted him the dog. The judge and his dad is best friends. I have all the vet bills and etc, it’s micro chipped under my... View More

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

You can appeal the decision to the next level. If the original trial was in city court or justice court, you will be granted a new trial at the next level with a new judge.

1 Answer | Asked in Domestic Violence for Mississippi on
Q: how can we get court docs on a past domestic violence conviction? in MS

He seems like he really wants to have a second chance in life, but we need to know his past.

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

Go to the Clerk’s office of the Court where the charges were filed, give the deputy clerk the defendant’s name and the case number. They will make you copies of the file at a cost to you.

1 Answer | Asked in Child Support for Mississippi on
Q: I have a Mississippi child support order for two child, one of the children just join the military.

Does the child support stop for that one child that join the military?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 30, 2022

Not necessarily. If your child support order specifies an amount for each child, I.e., $200 per month per child for a total of $400 per month, then you would be safe to reduce your child support by the amount designated for the child that has joined the military, if he/she has joined the full... View 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... View 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... View More

1 Answer | Asked in Family Law for Mississippi on
Q: Would automatic sole custody given to unmarried mother be considered the same as order/decree giving 1 parent custody?

I’m asking information about TYPE 1 in MS code 93-63-3. (grandparents visitation) I am aware there is a TYPE 2.

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

No. There is no true automatic custody. For the father to have court ordered visitation, someone has to have court ordered custody. I would advise you to contact an attorney. As I stated before your questions are more than can be adequately answered in this forum.

1 Answer | Asked in Family Law for Mississippi on
Q: What’s the process of changing a minors (4yrs) whole name?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 23, 2022

You will have to file a petition in chancery court in The county where the child lives. The petition will have to provide the court with the present name of the child, the proposed new name, and the reason for the change. The petition will need to be signed by the parents of the child or notice the... View 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... View 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...
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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
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 23, 2022

A parent can voluntarily relinquish their parental rights, which may be accepted by the court given the right circumstances.

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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... View More

1 Answer | Asked in Child Support for Mississippi on
Q: I’m from Mississippi, so if my daughter gets a full time job instead of going to college. Does my child support stop?

It says till 21 unless emancipated, does a full time job count as emancipation?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 19, 2022

If your child reaches the age of 18, graduates from high school but does not go on to college, and becomes employed full time, you should file a motion to terminate your child support. More than one emancipation event will have taken place; however, an attorney cannot tell you will 100% surety that... View More

1 Answer | Asked in Child Support for Mississippi on
Q: What does it mean when my child support case has been referred to the legal dept. with child services?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jul 6, 2022

It means that it has been referred to the attorneys for collection through court action.

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 Support for Mississippi on
Q: It’s been a year and state child support office isn’t making my kids father pay full amount that’s court ordered?

I hired a private lawyer in 2020. July 2021 our court order was signed by my childrens father. His payments are suppose to come out his check through the state from his job. But it’s been one whole year and the payments are still not right. I have been to the child support office almost every... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 28, 2022

You would probably do better to take all of your paperwork to a private attorney and let him/her review it. The private attorney will be better able to spend the time on trying to determine what is going on with your case. If the court order states a specific amount each month for current support,... View More

1 Answer | Asked in Traffic Tickets for Mississippi on
Q: Incorrect year of car on ticket for throwing out a cigarette on highway

Cost and can it be dismissed because of incorrect info on year of car

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

No, they will simply amend the ticket to show the correct year.

1 Answer | Asked in Criminal Law and Civil Litigation for Mississippi on
Q: I put a peace bond on my ex boyfriend because boyfriend pushed me to file a peace bond on him.

We were sleeping together and my boyfriend found out. We have broken up and I want to remove the peace bond on my ex. How do I do that

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 26, 2022

You will need to go back to the court that issued the peace bond and ask for it to be vacated.

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... View More

2 Answers | Asked in Traffic Tickets for Mississippi on
Q: I got a ticket for window tint being too dark. Can proof of it being within legal limits still be provided after court?

The court said I had to pay it. However, a reputable business did the tint and when I got it tested by another business, it is indeed legal all the way around the car. How can I provide this to court after I've already had court? It seems asinine (and more like theft) to force someone to pay a... View More

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

If you have been found guilty in municipal court and 30 days has not passed, you can appeal to county court and bring witnesses to testify about the legality of the tint.

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1 Answer | Asked in Criminal Law for Mississippi on
Q: does two offers of 16 yrs in the custody,11 suspended, 5 on supervised probation to run concurrent indicate prison time?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 21, 2022

This question has been answered. The only difference between this question and the previous question is that when the sentences run concurrently, the run at the same time. In other words, instead of 10 years supervised release, it is actually 5. You need to talk to your attorney if you are having... View More

1 Answer | Asked in Domestic Violence for Mississippi on
Q: I pressed charges on my husband for domestic violence and it was a mistake. Am I allowed to drop them?

I did it out of anger and didn’t include the whole story and our daughter will be born in two weeks and I really need him there. They are saying I have to wait until court to drop the charges and even then it’s up to the District attorney. I need advice I’m freaking out!

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

What you were told is exactly right. The charge was brought by the State, not you. You are a witness. Whether it is dropped will be up to the prosecutor. This is done to insure that true perpetrators of violence are punished and victims are protected. Criminal charges of any kind should never be... View More

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