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

Q: I have temp durable custody of nephews. Can I just return them to their custodial father when he is released from jail?

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1 Lawyer Answer
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
  • Divorce Lawyer
  • Olive Branch, MS
  • Licensed in Mississippi

A: You don’t say whether or not the custody was given to you by the court through a court order or whether it is a private agreement between you and the parent(s). If you were awarded temporary custody through a court order, then you will need to go back to that court and asked that custody be returned. This does not necessarily need to be a long, drawn out process. It can be as easy as presenting an order to that Court which states that the temporary custody is terminated and custody returned to the parent(s). If it is a private agreement, you can simply return the child and revoke or destroy the power of attorney. Also, another consideration is whether or not you were given or took temporary custody through an action started by DHS or CPS. If so and there is still an active and open case, you will need to discuss this with the caseworker before simply returning the child.

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