Moselle, MS asked in Child Custody and Family Law for Mississippi

Q: My parents took emergency custody of my children and now refuse to let me see or speak to them...what are my rights?

My parents hired a lawyer & filed emergency custody of my children b/c one of my exes lied & said I abandoned them with him b/c he got in a fight w/my son [14] (note, he is not the bio dad, but offered for them to stay with him for a weekend til I got moved into a new place). I have had contact w/my parents twice since 2015. They now refuse to let me see or speak to my kids & their lawyer keeps delaying the hearing. They did not notify any of the respondents prior to custody being taken. They said they didn't know who my daughter's dad was (which is a lie), although he's not on the BC... said they didn't notify my son's dad because of a protective order, which is understandable... but that they also didn't notify him for fear that he would contact me & I would flee with the children... which is further from the truth. I have never been away from my children at all. I don't want to legally overstep my bounds, but there is not a no-contact or restraining order. What are my rights?

Related Topics:
1 Lawyer Answer
Arthur Calderon
PREMIUM
Arthur Calderon
Answered
  • Madison, MS
  • Licensed in Mississippi

A: This depends on large part on what the emergency custody orders say, particularly with regard to visitation. If this is a youth court matter, then the goal is reunification of the family. If, however, it is in chancery court, then you face an even harder battle. Your best bet is going to be to consult with an attorney to review the emergency custody order and to discuss your options as you move forward.

1 user found this answer helpful

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.