Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Albert Pettigrew, Jr.
1 Answer | Asked in Probate for Mississippi on
Q: Do I need an lawyer for getting my husbands cars,property etc. in Mississippi? He passed away.

He was an alcoholic and his mother and father took advantage of him until he died. He was disabled and had his mother as payee on SSI and never got his check and was unable to conduct business due to issues to his brain from alcohol and liver failure. All things that they had him do without me... Read more »

Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

Being on SSI indicates he had a very small estate. You may be able to obtain the assets in his bank accounts using an affidavit of successor in interest. An attorney can prepare it for you. As to the other property, you may need to open a probate of his estate with the assistance of an attorney.... Read more »

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: My husband received a court summons(in MS) for failure to pay child support to his ex in VT. Will he go to jail?

He explained this to judge in March and had papers from VT stating there is no case against him; judge didn't look at them. Now he has to go back to court because MS says he hasn't paid $. Could he end up going to jail? He is a full time student and unemployed, I am in the military and... Read more »

Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

Jail is an option of last resort. If your husband believes he has been treated unfairly by the court, he can appeal the court's decision.

1 Answer | Asked in Family Law and Child Support for Mississippi on
Q: If paternity is established at the age of 18 how much back support can be requested? Father did not know he was the dad.

Papers were filed 7 days before the 18th bday of child and papers were received on the day after the 18th bday. Does this fall into the statute of limitaitions? Father being sued is not on the birth certificate (someone else is) and father was told he was not the father at the birth of child.... Read more »

Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

The child can sue for up to one year of past support needs. There is not a statute of limitation for paternity except as to suing to participate in the distribution of a deceased parent's estate.

1 Answer | Asked in Family Law for Mississippi on
Q: How long will my son stay in jail for child support tupelo ms.?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

Until he satisfies the judge that he has caught up his child support payments, he otherwise convinces the court that he should be released, or an appellate court orders his release. If he does not have the capacity to pay and is otherwise not in contempt of court, it may be possible to have him... Read more »

1 Answer | Asked in Family Law for Mississippi on
Q: How do i go about getting my visitation with my daughter? i live in Washington and she lives in mississippu
Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

You will need to seek a declaration of visitation rights in the Chancery Court in the county where the child resides.

1 Answer | Asked in Family Law for Mississippi on
Q: I have 2 boys 12, 14 they stay with there father during school now they want to move back in withme dad is on hard drugs

And he does them around the boys he is very abusive to my 12 he has people in and out saling drugs around my boys people in and day and night my 12 found him in the floor with a surengy in his arm they do not want to be there anymore.please help me please

Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

Contact Child Protective Services in the Department of Human Services to have the children removed. Then sue for a change of custody having the boys testify about their desires and the drugs.

1 Answer | Asked in Family Law for Mississippi on
Q: My son and the mother of his child were never married. She has the baby all the time and refuses to let him see his son.

He has only been able to see him when it was to her advantage. how does he get visitation rights?

Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

He can sue for a declaration of paternity and/or visitation and child support in the county where the child resides. If his name is on the birth certificate, he need sue only for visitation and a declaration of child support.

1 Answer | Asked in Family Law for Mississippi on
Q: In a joint custody case where father has majority & most time w/child & mother lives in another state then father dies?

Can mother just go get her child?

Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

Yes, if whoever has the child is cooperative. Otherwise, you will need to obtain a writ of habeas corpus from the court so law enforcement will assist you by taking the child from whomever.

2 Answers | Asked in Family Law for Mississippi on
Q: My ex was ordered to pay $110/mth in child support. my son is now 8 years old & his father owes over 10,000. what to do?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

The father can be forced to pay by a court. The Child Enforcement Division of the Department of Human Services has an obligation to pursue child support arrearages. Alternatively, you can hire an attorney to petition the Chancery Court to force the father to pay.

View More Answers

1 Answer | Asked in Family Law for Mississippi on
Q: If a judge orders visitation with grandchildren, can cps take this away without cause.
Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

No. They have to first persuade a judge that there is reasonable basis for the action.

1 Answer | Asked in Family Law for Mississippi on
Q: How would I transfer child custody agreement from previous state of residence?
Albert Pettigrew, Jr.
Albert Pettigrew, Jr. answered on Jun 7, 2011

Section 93-27-305 Miss. Code Annot. (2004)provides for registration of a child custody determination such as when the court that had jurisdiction declares that Miss. is now the child's home state. Otherwise, a petition can be filed in the Miss. county where the child has last resided for a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.