Asked in Child Custody for Mississippi

Q: If my ex has custody but has recently admitted to my kids that he has a serious drug problem, can I get custody?

He's threatening to pack up and take them 1000s of miles away qhere u can't see them. I'm in a stable marriage, a stable home and 2 stable jobs. Both my husband and I. No drugs or alcohol in our home. They would be safer here but I can't afford a lawyer to fight him. What can I do to keep him from taking them away?

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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 will have to file for a modification of your current agreement or judgment and ask that the Court grant you custody. If you feel that the children are in danger due to the drug use, you can also contact CPS and make a report. If they find that the allegation has merit, they can remove the children. At that point, you can ask the Youth Court to place them with you. However, this is only temporary, and at some point, you will still have to go back into Chancery Court and request custody. You need to hire an attorney to assist you with this.

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