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Mississippi Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Mississippi on
Q: How likely is it that a grandmother gets custody when a parent dies vs the father?

MS case. Mother deceased. Grandmother took care of child at 6wks old BC paternity was not established at birth and communication was cut off with alleged father. Father was able to establish paternity through court, judge granted grandmother temp custody, grandmother asked the judge for full... View More

0 Answers | Asked in Child Custody for Mississippi on
Q: In Mississippi if you don't have your child and you're trying to get your child back can you live with someone else

I have a boyfriend but I'm not married and I was just wondering because I want to try to get my baby back

0 Answers | Asked in Child Custody for Mississippi on
Q: Had a cs case for two minors. Now one is 25 and in the army and the other is 20 and has graduated. The mother moved away

Thought cs was over haven't heard from her in 2 years and know mdhs says I owe them 200 amonth because cs payments must be paid directly to them. Do I u just pay this or go back to court

1 Answer | Asked in Divorce, Family Law and Child Custody for Mississippi on
Q: Can I be charged with kidnapping or any other crime in Pennsylvania for bringing my son home if his home state is MS

If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I... View More

William R. Wright
William R. Wright
answered on Nov 26, 2023

I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your... View More

1 Answer | Asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi on
Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses... View More

William R. Wright
William R. Wright
answered on Nov 24, 2023

You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could... View More

0 Answers | Asked in Child Custody for Mississippi on
Q: The grandmother of my child took her out of the country. She got custody in 1 quart date. I still have my parental right

Only one court date they took my child because she knows a People. Her cousin works in there at the sheriffs department. I have a home I have my child’s bedroom I take care of my child anyways because she never has time for her I need I want my child I want a Coast Hamas Child how can I get it? I... View More

0 Answers | Asked in Child Custody for Mississippi on
Q: How do I get a hearing for permanent custody or my daughter's father's parental rights relinquished?

CPS brought my daughter home to me a year and a half ago. I have been fighting for her for thirteen years. she was undernourished and has not been enrolled in a school since first grade, He is on trial for sexual misconduct in youth court. The trial keeps getting continued and I still have... View More

0 Answers | Asked in Child Custody for Mississippi on
Q: If I get a job before court for backed child support arrears, will judge incarcerated me or not?

I don't give my consent to sign anything for my child to be enrolled anything, will judge forced me to chooses incarcerated me for not signing

0 Answers | Asked in Family Law and Child Custody for Mississippi on
Q: If my husband and I separate do I lose rights to his son even though the courts awarded us full physi cus. Ovr bio mom?

My husband and I took his bio mom to court we share joint custody but me and him have full physical custody. But the only reason I was put in the agreement is bc we got married. So if we divorce do I lose my rights?

1 Answer | Asked in Child Custody, Juvenile Law and Family Law for Mississippi on
Q: Can CPS terminate a parent's rights for no reason
T. Augustus Claus
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answered on Nov 14, 2023

No, CPS (Child Protective Services) cannot terminate a parent's rights for no reason. CPS can only terminate a parent's rights if there is evidence that the parent has abused or neglected the child. Abuse includes physical, sexual, or emotional abuse. Neglect includes failing to provide... View More

0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Mississippi on
Q: How can I file a petition to terminate guardianship without an attorney

My 15 year old daughter wants to move in with me my mom has guardianship of her I want it terminated and her returned to me

0 Answers | Asked in Cannabis & Marijuana Law, Child Custody and Child Support for Mississippi on
Q: What are the chances of having my child removed from my care due to smoking weed? In Mississippi

Will they take my child for having THC in hers and my system even though I buy it over the counter at my local gas station it’s technically thc-a

1 Answer | Asked in Legal Malpractice, Family Law and Child Custody for Mississippi on
Q: I have printed the complaint form for professional misconduct but should I submit this without representation now?

I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More

John Michael Frick
John Michael Frick
answered on Sep 19, 2023

To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View More

1 Answer | Asked in Child Custody for Mississippi on
Q: What visitation does the step mom have for my ex being deployed. He has no custody of our 10&13 year old?

My ex husb just left for deployed and has sense accused me of parent alienation because I havent sent the kids to his very recently married wife. They married 3 days prior to him mobbing. I know in MS step parents don't have rights and I'm ok with them going over if the want too. My... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 24, 2023

The stepmother has no visitation rights. To send or not send the children to the stepmother for a visit is solely within your discretion. Your ex’s claim of parental alienation is without merit and meaningless.

1 Answer | Asked in Child Custody for Mississippi on
Q: I need to know about how to go about getting custody of my son

So my ex wife who me and my boyfriend were living with for about two months around this time last year along with my son she was pretty cruel to us she kicked us out so she could have my son and ever since then I have been begging her she slanders me I am also the birth mother I didn't abandon... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Jun 10, 2023

Your case is far too complicate to adequately answer your question in this forum. Additionally, I don't believe you have provided all information necessary. For example: if there is no court order giving your ex custody, and you are the birth mother, you could possibly gain assistance from... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Identity Theft for Mississippi on
Q: If I voluntarily sign my parental right away can I go back and fight for them later on
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on May 18, 2023

No. A termination of parental rights is final and forever.

1 Answer | Asked in Family Law, Child Custody and Child Support for Mississippi on
Q: Does child support still stand in Mississippi if parental rights were terminated in court and no visitation was granted

Maternal Grandmother has custody.

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Apr 17, 2023

Visitation and child support are separate issues. The lack of visitation does not mean no child support is owed. Conversely, withholding of visitation does not relieve the parent of the obligation to pay support. If the parental rights of the parent are terminated by court order, the obligation to... View More

1 Answer | Asked in Child Custody and Child Support for Mississippi on
Q: This guy is paying child support and the mother of his child want let him see his daughter what can he do ???
Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Mar 10, 2023

The father should hire an attorney and file an action for visitation rights. If he already has court ordered visitation rights he should file a contempt action and ask the court to incarcerate the mother, reimburse attorney’s fees and costs, and enforce the previous order. Short of that, he is at... View More

1 Answer | Asked in Adoption, Child Custody and Child Support for Mississippi on
Q: My brother signed over rights to his child and was supposed to be adopted by the moms new husband. His last

Name was changed and all. DHS keeps taking money out of my brothers paycheck. If he was adopted after my brother signed over his rights, would DHS get a copy sent over once he was adopted to stop taking money out of his checks? And if not, how could they change the child’s last name without being... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 22, 2022

DHS would not automatically receive a copy of the adoption Order. If your brother has a copy, he should take them a copy or contact the caseworker and them that one was entered. However, if your brother was behind on his child support at the time of entry of the Order, he is still responsible for... View More

1 Answer | Asked in Juvenile Law and Child Custody for Mississippi on
Q: Would the custodial parent or non-custodial parent of a juvenile would be responsible for paying fines for probation?

Our child committed a possession of controlled substance; a marijuana vape on school campus and was arrested in the state of Mississippi. He was fined $250 to pay for drug screening and the custodial parent is stating that I'm responsible as well for the fine. This happened while in the... View More

Melissa L Gardner-Ardoin
Melissa L Gardner-Ardoin
answered on Dec 8, 2022

You don’t say which court found him guilty or give his age. If he was found guilty in Municipal, Justice, County, or Circuit, that tells me that he is not a juvenile. The Court will look to your son to pay the fine, not either of the parents, custodial or not. He committed the crime, so he pays... View More

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