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Questions Answered by Melissa L Gardner-Ardoin
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

1 Answer | Asked in Child Support and Family Law for Mississippi on
Q: My ex and I have a custody agreement that includes child support, he was recently arrested, what will happen w/child spt

Child support is only $100 per month

Incarcerated parent is non custodial parent.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 10, 2022

The child support will continue to accrue each month. Incarceration does not remove his obligation.

1 Answer | Asked in Child Support for Mississippi on
Q: In the state of Mississippi is my child support late if I do not pay it on the first of the month?
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 3, 2022

Your child support is late if you do not pay it as of the due date designated in the Order. That may or may not be the 1st day of each month.

1 Answer | Asked in Child Custody for Mississippi on
Q: Does a 16 year old father have rights to his child

I got pregnant by a 15 year old when I was 17 and he turned 16 and I turned 18 before the baby was born. His mother thinks she has rights to our child because he is a minor and is asking for joint custody. What rights and responsibilities does he have being a minor, what rights does she have and... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 3, 2022

You and the father have the same rights and responsibilities as any other parent. However, it is going to be complicated by the fact that he is a minor due to his dependence on his parents for financial support, food, shelter, as well as his disability of minority. However, this does not give his... View More

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Mississippi on
Q: No matter the situation when filing child support will the woman always win if the man was abusive in the relationship?

The man was physically and mentally abusive. Will the woman win full custody for this reason no matter what.

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

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... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Mississippi on
Q: Grandmother has full custody of 8 week old baby. Both parents in prison. Grandmother wants to sign baby over to someone.

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

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

Because the child is a resident of Louisiana, Louisiana statues would govern; therefore, you should contact an attorney licensed in that state.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: If a custodial parent files papers for the non-custodial parent to sign over their parental rights on the grounds of

abandonment in the state of MS, and the non-custodial parent is willing to sign them, but the children aren’t being adopted by someone else, will the non-custodial parent still be required to pay child support after they have relinquished their legal rights?

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 21, 2022

No. Once the parental relationship is terminated, all obligations cease. The exception is that if the non-custodial parent had accrued a child support arrearage prior to the termination and a contempt action was brought to recover those funds, the arrearage is still owed.

1 Answer | Asked in Probate for Mississippi on
Q: How can I find probate documents for my deceased mother who passed away November 6 2020
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 5, 2022

Go to the Office of the Chancery Clerk in the county in which your mother resides at the time of her death. You can give one of the deputy clerks your mother’s full name, and they will help you pull the file and allow you to make copies.

1 Answer | Asked in Child Custody for Mississippi on
Q: Can I get emergency child custody of a 16 year old whose parent abandoned him.

The mother abandoned him as well as his 3 other siblings whom I am the father of and moved to TN.

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

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... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: He has been mailed out 2 contemp courts letters this the second one this year he was ordered 6 years ago to pay 700 mint

700 monthly he's an mortician they just sent the second contemp court order two weeks ago I did not have to be present

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

What is the question?

1 Answer | Asked in Child Support for Mississippi on
Q: 21000 behind it's down to 17000 got a lump sum 2022 this month of 4000 he was ordered years ago just started paying when

When does he has to make next lump sum payment

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

You have to look at the order regarding how he must pay the child support. more than likely there is not a requirement to pay lump sums in specific intervals, except for the monthly support amount. The question is have you had him cited for contempt. If he is not paying and is this far behind, you... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Mississippi on
Q: What do I need to do to secure my minor son’s inheritance from his fathers estate, without help from his family?

I have only seen the Will of my son’s late father, who passed in 2021. The will leaves everything to our son. However, his parents took control over his businesses, properties, vehicles, guns, accounts, everything. His father is the executor and has not told me a single thing about what is... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 27, 2022

You should file a objection with the Court and inform the Court what is going on. There is no reason for the beneficiary to be homeless if there is a house that has been left to him. You can get a copy of the Will from the courthouse. Go to the Chancery Clerk’s office in the county where your ex... View More

1 Answer | Asked in Child Support for Mississippi on
Q: If my child’s father terminated his rights, what do I do about the child support review letter from DHS?

My child is 7. Has never seen her “father”. We just finalized court, he terminated his rights, I agreed. Everything is sealed and done. But I did apply for food stamps. I received a letter: Notice of Right to Request Review. I’m not sure what to do at this point considering rights are... View More

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

You should send DHS a copy of the termination order.

1 Answer | Asked in Estate Planning for Mississippi on
Q: My grandmother passed away and left her vehicle to me.. How long do I wait to take possession of it?

All family involved, signed the will as requested.

Now, according to my sister (executor), I cannot take possession of the vehicle until one year from the date of the judges signature. I understood it as I could not obtain the title until a year later but I could take the vehicle. What is... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 21, 2022

The estate must go through probate, which should be 4-6 months, depending on how quick the executor and attorney work. Once the Judge signs the Order closing the probate and transferring the property, you can take possession immediately. If you are a minor or without a driver’s license, the... View More

1 Answer | Asked in Family Law and Child Custody for Mississippi on
Q: CPS in the removal of children from home

I need guidance asap

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 16, 2022

What is the question?

1 Answer | Asked in Child Custody for Mississippi on
Q: During visitation with my daughters can the supervised tell the bio mother that she can’t hold her child during visit?

Because the step grandmother is trying to get in between me and my kid

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 9, 2022

If there are no restrictions on physical contact, no one can tell the visiting parent that he/she cannot hold the child. That would be interference with the visitation.

2 Answers | Asked in Appeals / Appellate Law for Mississippi on
Q: How to file a appeal
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 28, 2022

You must file a Notice of Appeal in the trial court no later than 30 days from the entry of the final order or judgment. There is a filing fee for filing the Notice. In the Notice, you must indicate the party who is appealing (appellant) and the party against whom the appeal is taken (appellee).... View More

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1 Answer | Asked in Probate for Mississippi on
Q: Father has no will does his children and his illegitimate children inherit same
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 25, 2022

All of your father’s children will inherit equally from his estate. However, the children born outside the marriage will have to prove paternity if he was not legally declared their father.

1 Answer | Asked in Criminal Law and DUI / DWI for Mississippi on
Q: I was charged with felony DUI in 2001, in MS. Is there NE chance I would be able to get my rights back, to hunt & vote?

I was charged in the state of MS, felony DUI. I’m a resident of FL. I was told I would need to go thru MS for this. I’ve been in No trouble whatsoever since this, and as a result of this dui, I haven’t had even a single sip of any alcohol either. This is coming up on 20 years ago that this... View More

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

You will need to hire an attorney for this. The petition will need to be filed in Attala County because that is where you caught the charge. Any attorney in the state can handle this for you.

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