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

Q: Me and my boyfriend have had his granddaughter since the day she was born, no support

His daughter was pregnant her boyfriend was in jail it wasn't his he said he will not raise it so she asked us to raise it as ours when the baby was born she gave us a signed nerdrise document stating we had sole custody of her and was responsible for her well being because he's not had the money to get legal papers we do this every year she's four the mother lives in Florida we live in Mississippi there's no support she's been around her, for maybe a total of 6 months her whole life now she's mad and said she wants to come and take her to give her to her mother can I get her for abandonment, she has four other children her husband does not have job and they're homeless, she was in Mississippi but she left because DHS come looking for her because she hit the baby with a belt and left a mark the child does not want to be around her at all I am her mommy and my boyfriend is her dad

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

A: Without a court order, she would be able to take the child if law enforcement will help her take the child from you. That is a big if because most will not get involved in these matters. You should immediately file an action in the chancery court of the county where you live, alleging that she abandoned the child and that the father is unknown, and ask the court for an order giving you custody.

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